Id. s. 16. cree upon pay- AMENDMENT. 38. Upon application of either complainant or defendant to any court of equity, he shall have the right, upon payment of such costs as the court may direct, to amend at any time, before final decree, the bill of complaint, answer, pleas, demurrers, or any of the pro107; 25 Md. 395. ceedings in any cause before the court, so as to bring the merits of the case in controversy fairly to trial. 6 Md. 418; 10 Md. 36; 18 Md. Id. s. 17. under age, feme coverts, of up sound mind, or non-resident. Id. s. 106. 1785, c. 72, s. 21. Interrogatories may be filed. to complainant How answer compelled. Id. s. 107. 21; 1820, c. 161. 39. In any suit in chancery where any of the parties are under age, feme coverts, of unsound mind, or non-residents, the proceedings may be amended by making new parties or otherwise, and it shall not be necessary to have any new pleadings or proofs in such cases of amendment, unless the court shall deem such new pleadings and proofs necessary to promote the ends of justice, or unless such new party desires to plead or objects to the proof. INTERROGATORIES. 40. In all cases, the defendant in chancery may exhibit interrogatories to the complainant, which shall be answered by him, in writing, upon oath, and such answer shall be evidence in the cause, in the same manner and to the same effect that the defendant's answer to the complainant's bill is evidence, and there shall be the same process and the same power exercised by the court to compel the complainant to answer the defendant's interrogatories, as can be issued or lawfully exercised to compel the defendant to answer the plaintiff's bill, and if such plaintiff be a non-resident, and shall fail to answer such interrogatories by a certain day to be fixed by the court, the court may order that his bill be dismissed, with costs, to the defendant. The court, in fixing the period within which a plaintiff shall answer as aforesaid, shall give a reasonable time, regard being had to the place of plaintiff's residence, and, if justice require it, the court may extend the time. 41. If a complainant against whom an attachment has issued for 1785, c. 72,820, not answering the interrogatories or the defendant, and such atBill may be dis-tachment is returned served, shall not put in a sufficient answer to interrogatories such interrogatories by the fourth day of the term to which such missed, unless answered. Art. 16, s. 115. 1799, c. 79, ss. 5, attachment is made returnable, the court may dismiss his bill; or, the court may give such further time to answer as may seem reasonable. DEFENDANTS SUMMONED, BUT NOT APPEARING OR ANSWERING. 42. Whenever a subpœna shall issue from a court of equity on a 1785, c. 72, s. 20; bill filed in said court, and such subpoena hath been returned sum9: 1818, c. 193; moned as to any of the defendants therein named, and the defend1820, c. 161, s. 1. When an inter- ants or any of them so returned summoned, shall fail to appear aclocutory decree may be entered cording to the exigency of the said writ, or, having so appeared, shall fail to put in a sufficient answer to the said bill within the time 27 Md. 88, 674; which may be prescribed by the court from which the said writ issued and an ex parte commission issued. & J. 426; 2 G. & for answering such bill, the said court is authorized and required, 2 Bl. 447; 11 G. on the application of the complainant, to enter an interlocutory de- J. 311. cree in such cause, and to issue a commission ex parte to one or more persons for the taking of testimony to support the allegations in the said bill, which commission shall be issued, proceeded in, and returned in the same manner, and the testimony taken and returned under the same shall have the same effect as if issued and returned in the usual way, on answer, general replication, and issue, and the court shall proceed to a final decree in the cause in the same manner as if the defendant had appeared and put in his answer. 1820, c. 161, s. 2. a decree pro con Cases in which fesso may be 1 G. & J. 426; passed. 43. Whenever any such bill as is mentioned in the preceding sec- Id. s. 116. tion shall charge any matter or thing as being within the private knowledge of the defendant, and shall pray a discovery, on oath, as to such matter or thing, and an interlocutory decree, as provided for in the last preceding section, shall have been entered, and the com- 2 Bl. 447. plainant shall satisfy the court, by affidavit, to be taken in open court and filed in the cause, that such matter or thing does rest in the private knowledge of the defendant, and that there is reasonable ground for believing primâ facie, that such matter or thing does exist, the said court is authorized and required to order the bill as to such matter or thing, the same being sufficiently alleged and charged, to be taken pro confesso, and to proceed to make a final decree in the case in the same manner as if such matter or thing had been proved on a commission or admitted by answer. 1773, c. 7, s. 3; 5; 1832, c. 302, Attachment to ance of defend 44. In any case where a defendant has been returned summoned Id. s. 120. and shall fail to appear, an attachment may issue to compel the ap- 1785, c. 72, ss. 19, pearance, and if the attachment is served and the party fails to 20; 1799, c. 79 s. appear by the first day of the next term after the term to which s. 3. such attachment was returnable, or if the attachment be returned compel appearnon est, an attachment with proclamations may issue, and if the defendant shall not appear by the first day of the term next after that to which the attachment with proclamations was returnable, the court in either case may pass a decree pro confesso, or may order a commission ex parte to take evidence. ant. 9 Md. 469; 13 Md. 337; 2 Bl. 447; 3 Bl. 551. confesso. Commission ex parte. Id. s. 121. 1785, c. 72, ss. 19, 8. compel answer. 45. If any defendant after appearance shall fail to answer within the time prescribed by the rules of court, an attachment may issue against such defendant to compel him to answer, and he may be committed as for a contempt for not answering, and if the attachment shall be returned served, and the defendant does not answer by the first day of the term next after that to which the attachment was returnable, or if the attachment be returned non est, an attachment with proclamations may issue, and if the defendant shall fail to answer by the first day of the term next after that to which the last-named attachment was returnable, the court in either case may pass a decree pro confesso against such defendant, or may order a Order. commission ex parte to take testimony; any defendant under this or the preceding section may answer at any time before final decree, on such terms as the court may prescribe. Art. 16, s. 119. 1820, c. 161, s. 2. Bill of dis covery. defendant's failing to answer. 46. A complainant may take at his election any of the proceedings authorized by this article against a defendant who fails to appear or answer. BILL OF DISCOVERY. 47. In all cases where a bill for discovery merely is filed against a defendant of full age, and the subpœna issued thereon is returned summoned, and the defendant fails to answer within the time fixed by the rules or order of the court, upon satisfactory proof, by affidavit or otherwise, being produced to the court that such subpoena was duly served, the court may examine the complainant in open court, or upon interrogatories, on oath, touching the truth of the allegations in the bill, and if from such examination the court shall be satisfied primâ facie that the allegations in the bill are true, then Proceedings on a decree shall be passed which shall have the same effect, in evidence or otherwise, as the answer of the defendant confessing all the allegations of the bill could have; or if the subpoena shall be returned summoned, and the defendant shall fail to appear, or, after appearance, shall fail to answer, an attachment of contempt may issue, and if the said attachment is returned served, and the defendant fails to appear or answer as the case may be, the court, upon being satisfied of the service of both subpœna and attachment, may pass a decree pro confesso; or if in such case the attachment is returned non est inventus, an attachment with proclamations may issue; and if the defendant shall fail to appear or answer, as the case may be, the court upon being satisfied of the service of the subpoena, may pass a decree pro confesso, without examining the complainant, in its discretion, and such decree, in either case, shall have all the effect, in evidence or otherwise, that the answer of such defendant confessing all the allegations in the bill would have. Decree pro confesso. Art. 16, s. 117. 1795, c 88, s. 1; 1799, c. 79, s. 2; 1820, c. 161, s. 3. How defendant may file his answer before final decree, and proceedings consequent. 12 Md. 144; 13 DEFENDANT'S APPEARANCE AND ANSWER AFTER INTERLOCUTORY DECREE. 48. Any defendant against whom an interlocutory decree shall 1797, c. 114, s. 3; be entered under the preceding sections, and also any defendant against whom an order to take a bill as to any matter or thing, pro confesso, may be passed, may appear at any time before final decree and file his answer, on oath, to the bill, which shall be filed forthwith, or within such reasonable time as the court in its discretion, and on special cause shown by affidavit, shall appoint; and on such answer being filed, such proceedings shall be had as would or might have been had in case such answer had been filed before the passage of such interlocutory order or decree, but the court shall impose such terms on defendant as the condition of permitting such answer to be filed as such court may, in its discretion under all the circumstances of the case, judge reasonable and proper for avoiding delay or expense, and for the attainment of justice; and the filing Md. 220, 346; 19 Md 56; 36 Md. 29; 11 G. & J. 137. Discretion of court. take testimony issued. of such answer shall in no case affect the validity of any commis- Commission to sion previously issued to take testimony, or of the proceedings, or previously any of them, under such commission, or of any testimony previously taken and returned under any such commission. INFANT OR INSANE DEFENDANTS. 1785, c. 72; 1790, 154: 1818, es. 49. No decree pro confesso shall be passed against an infant or Art. 16. s. 124. insane defendant under the preceding sections 42 to 48 inclusive, c. 60; 1816. c. but such infant or insane defendant shall be proceeded against ac- 133, 193; 1828, cording to the provisions of article LXVI of this Code, relating specially to infants and persons non compos mentis. c. 184 1831, c. 311; 1833, c. 150. No decree pro confesso to pass against infants or insane de BILL OF REVIEW, ETC., AS TO INFANTS AND PERSONS NON COMPOTES fendants. MENTIS. Art. 16, s. 113. When pleadings be supplied on 1841, c. 259. and proofs may bill of review, etc. 50. Under any bill of review, or other proceedings to set aside or reverse any order or decree passed in any case in which any infant or person non compos mentis was interested, on the ground that no testimony was taken to prove the allegations in the bill or petition filed in such case, or that no replication was put in, it shall 27 Md. 368. be lawful for the person interested to supply said proof and pleas, in the same manner as the same could have been furnished under such original bill or petition. BONDS IN NAME OF STATE. 26 Md. 23; 1835, c. 380, s. 7. be given and sued where parties are numerous. 51. When a court of equity shall require bond, with or without Art. 16, s. 108. security, to be given in any case, and the parties concerned therein How bonds may shall be numerous, or if it shall appear for other reasons proper, the court may take such bond in the name of the State as obligee, and the same may be sued on by any person interested as public bonds 8 d. 295; may, and a copy, certified by the clerk of the court, under the seal 39 Md. 178. thereof, shall be received in evidence, to the same effect as certified copies of public bonds. FINES AND COSTS. 12 Md. 177; 1785, c. 72, s. 25. when plea or 52. Upon any plea or demurrer being overruled, upon argument Art. 16, s. 102, or otherwise, or being withdrawn without leave of the court, the Who to pay, party whose demurrer or plea is so overruled or withdrawn shall pay demurrer overto the opposite party the sum of ten dollars, and the costs thereof, 30 Md. 29, 134; and be in contempt until the said sum of money and costs are fully 3 G. & J. 491; paid. ruled. 42 Md. 393, 426; 2 Bl. 685. 1820, c. 161, s. 8. 53. In deciding on exceptions to answers, the court may award Id. s. 114. the costs of the exception, and the order thereon, to the party pre- Costs, etc., on vailing, including a fee to the solicitor or attorney. exceptions. Id. s. 109. 1785, c. 72, s. 18. 54. Payment of the allowances to commissioners, witnesses, auditors, and clerks to commissioners may be compelled by order of the court, and process of contempt for disobedience to such order may witnesses, etc. be issued as in other cases. commissioners, Art. 16, s. 104. 1785, c. 72, s. 22. Contempt, how punished. CONTEMPT OF COURT. 55. In order to enforce obedience to the process, rules, and orders of the courts of equity, in all cases where any party or person shall be in contempt for disobedience, non-performance, or non-observance of any process, rule, or order of the court, or for any other matter or thing whatsoever, whereby or wherein a contempt according to the rules, law, practice, or course of the said courts may be incurred, such party or person shall, for every such contempt, and before he shall be released or discharged from the same, pay to the Fines and costs. clerk of the court (to be paid by him at the end of every six months to the treasurer for the use of the State), a sum not exceeding twenty dollars, as a fine for the purgation of every such contempt, and the said party or person being in court upon any process of contempt or otherwise, upon the order of the court, shall stand committed and remain in close custody until the said process, rule, or order shall be fully performed, obeyed, and fulfilled, and until the said fine or fines for such contempt imposed by the said court, and the costs shall be fully paid. Custody. Art. 17, s. 20. 1798, c. 84. documentary evidence under of equity. 31 Md. 528; 2 Bl. 447, 686. INTRODUCTION OF BOOKS, ETC., UNDER ORDER OF COURT. 56. The courts of equity shall have power and authority, on the Production of application of either party on the trial of any actions at law or suits in chancery, either for discovery or relief, to require and decree that order of a court the parties shall produce either the original books, writings, or papers, or copies certified by a justice of the peace, of all such parts of such books, writings, or papers, in their possession or power, as contain evidence pertinent to the issue, or relative to the matters in dispute between the parties, to be used as evidence at the trial of such cause; but before any such order shall be made, the party making such application shall satisfy the court, on oath or aflirmation, that the said books, writings, or papers, contain material and necessary evidence, and that such party cannot safely proceed to the trial of his case without the benefit of such testimony. Id. s. 21. failure of party 57. In any case where a court of equity may order the production of books in the possession of any party in the said court, on the failure of such party to produce such books so directed to be produced, by the day therein limited, or to show sufficient cause for such failure, during the first four days of the succeeding term, or any other term that may be appointed therefor, the said court may, in its discretion, take the allegations in the bill of complaint of the party requiring the production of the said books pro confesso, and decree ex parte, in such manner as shall appear just and reasonable. Art. 16, s. 140. 1779, c. 8, s. 8. Commission to perpetuate TESTIMONY AND WITNESSES. 58. A commission shall issue to perpetuate testimony, on a bill for that purpose, before any appearance of the party defendant, to |