ART. 5] APPEALS FROM COOURS OF EQUITY——RECORD 151

1904, art. 5, sec. 33. 1888. art. 5, see. 31. Rule 10.

33. All transcripts of records, on appeals from courts of equity,
shall be made and transmitted to the court of appeals within three
months from the time of the appeal prayed; but on appeals taken as
provided by section 31, the transcript of the record shall be made and
transmitted to the court of appeals forthwith after the appeal prayed.

A delay of more than five months in transmitting the record is not a
compliance with the last clause of this section. Willis v. Jones, 57 Md. 365.
Where the delay in transmitting the record is equally attributable to the
appellee and to the appellant, the appeal will not be dismissed. Forrest
Lake Cemetery v. Baker, 113 Md. 531; McGonigal v. Plummer, 30 Md. 426.
Cf. Duvall v. Maryland Rys. Co., 114 Md. 208.

When the trial court has by granting extensions of the time for signing
bills of exception, made it impossible to have the transcript prepared within
the required time, the court of appeals has allowed such further time as
seemed proper. Duvall v. Maryland Bys. Co., 114 Md. 298.

Record held to have been transmitted within the time allowed. Cross r.
Hecker, 75 Md. 575.

For cases in which appeals were dismissed for a failure to comply with
this section, the delay not being sufficiently accounted for. see Duval v. Mary-
land Rys. Co., 114 Md. 298; Warburton v. Robinson, 113 Md. 25; Estep v.
Tuck, 109 Md. 528; Downes v. Friel, 57 Md. 532; Mince v. Tucker, 37 Md. 363.
Cf. sections 6 and 62 and notes.
See sections 40, 41, 84 and 85 and notes to sec. 39.

Ibid. sec. 34. 1888, art. 5, sec. 32. Rule 11.

34. In making up the transcript of the record of equity proceedings
to be transmitted to the court of appeals, it shall be the duty of the
clerk of the court from which the appeal may be taken, to omit therefrom
the formal heading and commencement of the record, stating only the
titling of the cause, and the time of the commencement of the pro-
ceeding; he shall also omit all subpoenas and other process for appear-
ance of parties, if parties have appeared; all orders and certificates of
publication, stating in lieu thereof the date of such order, the period of
publication required, how published, and the time fixed for appearance
of parties thereunder; all orders to take testimony, and the formal
returns thereto, stating in lieu thereof the fact and time of passing such
orders, and the time of the returning of such testimony; all entries of
continuances; all injunction bonds, receivers' bonds, trustees' bonds,
appeal bonds, and affidavits filed on appeal; all proceedings in the
cause subsequent to the decree or order appealed from; and all merely
collateral proceedings not in anywise involved in the matter of appeal,
and which cannot be material to the hearing and decision of the case by
the court of appeals; any party to the appeal, however, shall have the
right to direct any particular part of the proceedings of the cause, that
would otherwise be omitted, to be incorporated in the transcript, the
clerk stating at whose instance the same is inserted, that costs may be
awarded, as the matter so directed to be incorporated may be deemed
material or not by the court of appeals.
Cf. sec. 10, et seq.

Ibid. sec. 35. 1SSS. art. 5, sec. 33. Rule 12.

35. Whenever deeds, records or other documentary evidence are
used in any equity cause, the purport and substance only of such deeds.