ART. 26]

RULES.

793

Circuit Court for the Counties. 38. General jurisdiction. 39. Power to pass orders anywhere in circuit; may fix bail. Relief to Sheriffs and Collectors. 40. May extend time for collecting fees and taxes. 41. Also to their sureties and personal representatives . 42. Notice to comptroller and county commissioners. 43. Not to affect remedies of comptrol- ler, county commissioners, or oth- ers interested.

Removal of Cases from Courts of Law to Courts of Equity. 44. Removal of causes from courts of law to courts of equity, and vice versa. Salaries of Judges. 45. Salaries of Judges. Pensions of Judges. 46. Payment of pensions, after retire- ment from bench.

General Provisions.

1904, art. 26, sec. 1. 1888, art. 26, sec. 1. 1860, art. 29, sec. 1.
1715, ch. 41, sec. 2.

1. The judges of the several courts of law and of equity may make
such rules and orders from time to time for the well-governing and reg-
ulating their respective courts and the officers and suitors thereof and
under such fines and forfeitures as they shall think fit, not exceeding
twenty dollars for any one offense, all of which fines shall go to the
State.

The courts have full power and authority to prescribe rules. Gambrill v.
Parker, 31 Md. 5. See also, Ricketts v. Pendleton, 14 Md. 330.

While the court of appeals cannot pass upon whether a rule of a trial
court which is in its power to pass, is a wise or proper one, any error by a
trial court as to the legal effect of the rule or its application to a particular
case, may be reversed on appeal. Gist v. Drakely, 2 Gill, 346. See also,
Dunbar v. Conway, 11 G. & J. 97.

Rules being established, the court has no discretion to dispense with them,
or to innovate on established practice. Hughes v. Jackson, 12 Md. 463; Gist
v. Drakely, 2 Gill, 346; Wall v. Wall, 2 H. & G. 81.

Courts will sometimes enlarge or suspend their rules when the ends of
Justice require it. Carroll v. Barber, 7 H. & J. 456.

Ibid. sec. 2. 1888, art. 26, sec. 2. 1860, art. 29, sec. 2. 1840, ch. 96, sec. 2.

2. The judges of the several courts of this State exercising civil
jurisdiction shall prescribe by rule of court the manner in which suits
may be dismissed by the parties or their attorneys during recess.

Ibid. sec. 3. 1888, art. 26, sec. 3. 1860, art. 29, sec. 3. 1805, ch. 65, sec. 51.

3. No person shall sue or be sued in privilege.

The privilege must be claimed by plea or motion made at the proper time,
as it may be waived. Peters v. League, 13 Md. 63.

Jurymen and witnesses are privileged from arrest during their attendance
on the court; it is the privilege of the court, however, and not of the indi-
vidual. Brookes v. Chesley, 4 H. & McH. 295.

Ibid. sec. 4. 1888, art. 26, sec. 4. 1860, art. 29, sec. 4. 1853, ch. 450,
sec. 1. 1898, ch. 31.

4. The power of the several courts of the State to issue attachments
and inflict summary punishments for contempt of courts shall not be