LAWS OF MARYLAND.— 1799.

421

answerable for any part thereof, unless the chancellor shall be
of the opinion that the necessity of bringing such suit hath not
been owing to the fault or negligence of the said complainant
or complainants, and in case the chancellor shall be of such
opinion, he shall have power to decree with respect to costs
as to him justice shall seem to require ; provided, that in
no case shall the state be liable to costs in which it is not at
present liable.

SEC. 9. And be it enacted, That in case any defendant shall
hereafter appear in the court of chancery, either in person or by
a solicitor, agreeably to an order limiting a day for such appear-
ance, or shall voluntarily so appear to a bill filed in chancery,
he shall put in a good and sufficient answer to each interroga-
tory contained in the bill, or a plea or a demurrer to the same,
on or before the fourth day of the term succeeding such appear-
ance, he shall otherwise be liable to be proceeded against, if a
resident of the state, as if he had been duly summoned and
appeared as in ordinary cases, and if he be a non-resident,
either the bill shall be taken pro confesso, or, at the discretion
of the chancellor, a commission shall issue for taking deposi-
tions ex parte, and the chancellor may thereon proceed to
decree.

Defendant
appearing
to answer,
&c.

SEC. 10. And, whereas it sometimes happens, that an injunc-
tion from the court of chancery prevents the sheriff from pro-
ceeding to sell after he hath taken in execution property of a
perishable nature, and doubts are entertained respecting the
power, duty and liability of the sheriff, and whatever the law
may be, great inconveniencies must arise to one of the parties,
or to the sheriff, whether injunction be afterwards dissolved or
decreed to be perpetual, Be it enacted, That in case any injunc-
tion from the court of chancery shall hereafter issue to prevent
a sheriff or other officer from selling personal property taken in
execution, immediately on the service of such injunction on the
sheriff, or other officer, he shall deliver back the property so
taken in execution to the party from whom it was taken, and
shall not be answerable to the plaintiff or plaintiffs at law on
account of the same; and in all cases where personal properly
hath been taken in execution, and the sheriff or other officer
hath been prevented, by injunction from the chancery court,
from selling the same, the sheriff or other officer may deliver
the same, if in his possession, to the party from whom it was
taken, and shall not be answerable for the same to the plaintiff
or plaintiffs at law ; and in every case of injunction heretofore
issued, if the sheriff or other officer hath taken any personal
property out of the possession of the defendant at law who hath
obtained the injunction, the said sheriff, or other officer, shall be

Property
taken, to bo
delivered
back, &c.