10'58

ARTICLE 26

	Minors without Proper Care or	57. Fine.
	Guardianship.	58. Jurisdiction; conviction and sentence.
	49. Who may be proceeded against under	59. Effect of unconstitutional provision.
	this sub-title.
	50. Procedure in court.	Judicial Council.
	51. Judgment — enforcement; bond. 52. Jury trial.	60. How constituted.
	53-54. Bond, proceedings against; commit-	61. Vacancy.
	ment.	62. Reports.
	55-56. Construction of sub-title; prosecu-	63. Powers.
	tions.	64. Expenses.

General Provisions.

An. Code, 1924, sec. 1. 1912, sec. 1. 1904, sec. 1. 1888, 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 regu-
lating their respective courts and the officers and suitors thereof and under
such fines and forfeitures as they shall think fit, not exceeding twenty dol-
lars for any one offense, all of which fines shall go to the State.

This section referred to in upholding abatement of a case under a rule of court pro-
viding such abatement where a case remained on stet docket for four continuous terms,
etc. Laurel Canning Co. v. B. & O. R. R. Co., 115 Md. 642.

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 in-
novate 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 ends of justice require it.
Carroll v. Barber, 7 H. & J. 456.

Cited but not construed in Quenstedt v. Wilson, 173 Md. 17.

An. Code, 1924, sec. 2. 1912, sec. 2. 1904, sec. 2. 1888, sec. 2. 1840, ch. 96, sec. 2.

2. The judges of the several courts of this State exercising civil juris-
diction shall prescribe by rule of court the manner in which suits may be
dismissed by the parties or their attorneys during recess.
This section cited in Union Trust Co. v. Poor and Alexander, 168 Md. 410.

An. Code, 1924, sec. 3. 1912, sec. 3. 1904, sec. 3. 1888, sec. 3. 1805, ch. 65, sec. 51.

3. No person shall sue of 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 court;

it is the privilege of the court, however, and not of individual. Brpokes v. Chesley,

4 H. & McH. 295.

An. Code, 1924, sec. 4. 1912, sec. 4. 1904, sec. 4. 1888, 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 con-
strued to extend to any cases except the following: (1) the misbehavior
of any person or persons in the presence of the said courts, or so near
thereto as to obstruct the administration of justice; (2) the misbehavior
of any officers of the said courts in their official transactions; (3) .the dis-
obedience or resistance by any officer of the said Courts, party; juror, wit-