LAWS OF MARYLAND.— 1815.
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636
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SEC. 5. And be it enacted, That the several judges of the
county courts of this state are hereby authorized and empower-
ed, during the vacation of their respective courts, to grant
injunctions, and also to direct any rule, order, or interlocutory
decree, to be entered by the clerk, to bring any cause to a fair
hearing, and such injunction, rule, order or decree, shall have
the same force and effect, and may be enforced in the same
manner, as if such rule, order or decree, had been entered
during the regular of the said courts.
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To grant
injunctions
and direct
rales, &c.
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SEC. 6. And be it enacted, That any person other than the
plaintiffs, may serve a subpoena issuing from any of the county
courts as courts of chancery, and upon proof made to the court
by affidavit, of the service of the said subpoena, when the same
has not been served by a sheriff, and upon the failure of the
party to appear in obedience to such subpoena, or on his appear-
ing and failing to obey any order or rule of the court, it shall
and may be lawful for the court to issue an attachment against
the party so failing, in the manner herein before directed, and to
be served and returned by the sheriff, under the penalty herein
before prescribed in cases of attachments.
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Persons,
other than
plaintiffs,
may serve
subpoenas.
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SEC. 7. And be it enacted, That when some of the defendants
in any suit in equity, brought in any of the county courts of this
state, reside out of the county in which such suit is brought,
but within this state, that a subpoena or subpoenas may issue
against such absent defendants, directed to the sheriff of the
county in which such defendant shall reside, and it shall be the
duty of such sheriff to serve and return such process according
to the command thereof, and if the party summoned shall not
appear, or appearing shall fail to comply with the order or rule
of the court, process of attachment may issue against such
party, directed to the sheriff of the county in which the said
party shall reside, and it shall be the duty of the sheriff to exe-
cute, and in all things obey, the command contained in the said
process ;' and upon the failure of the sheriff to return any such
subpoena or attachment, or to produce the body of the party
attached, on the return of the said attachment, the court from
which such process issued may fine the said sheriff any sum
not exceeding fifty dollars, and issue an execution therefor,
together with the cost thereon, directed to the coroner of the
county in which such sheriff resides, and returnable to the
court of the last mentioned county court, and a short copy of
the order of the court imposing such fine shall accompany the
said execution, on which said order and execution such further
proceedings may be had as are now authorized where a writ of
capias ad satisfaciendum issues from one county to another.
See October 1777, ch. 12; 1795, ch. 23; 1815, ch. 149, and 1817, ch.
139.
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Defendants
residing out
of the
county but
in the state.
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