460

LAWS OF MARYLAND.— 1801.

produce such books or writings, or answer such bill of dis-
covery, it shall be lawful for the said courts, on motion, to
give the like judgment for the defendant as in cases of non-
suit; and if a defendant shall fail to comply with such order to
produce books or writings, or to answer any bill for discovery
only, it shall be lawful for the said courts, on motion as afore-
said, to give judgment against him, her or them, by default;
provided, that any plaintiff or defendant may, in compliance
with any rule for producing extracts of such books or papers,
bring into court the original books or papers.
SEC. 7, 8. See note to sec. 1.

In certain
cases de
fendants
may lay a
rule on
plaintiffs
for security
for costs
and charges

SEC. 9. And be it enacted. That in all cases where suits may
hereafter be brought by any person or persons, non-residents of
this state, or who may remove out of the state after the bring-
ing of such suit or suits, the defendant or defendants against
whom such suit may be commenced, or his, her or their attor-
ney, may lay a rule, at or before the trial court, on such plaintiff
or plaintiffs, or his, her or their attorney, to give security for all
costs and charges that the said defendant or defendants may be
put to in case such plaintiff or plaintiffs shall be non-suited, or
judgment be given against them, and in case of non-compliance
with such rule, judgment of non-suit shall be entered ; provi-

Proviso.

ded nevertheless, that if any defendant or defendants shall lay
a rule on any plaintiff or plaintiffs for security for costs at the
trial court, that then and in such case the court granting said
rule may, at the instance or motion of the plaintiff or plaintiffs,
by his, her or their counsel, ia their discretion, continue said
cause until the next term.

When
action is
brought for
the use of
any other
person, and
plaintiff
shall be
non-suit,
&c. party
for whose
use action
was institu-
ted to be
answerable
for costs.

SEC. 10. And be it enacted, That when any action shall be
brought, and it shall be entered upon the record that such suit
is brought for the use of any other person or persons, and the
plaintiff or plaintiffs in such action shall discontinue or strike
off his, her or their said action, or be non-suit thereon, or in
case there shall be a judgment or verdict in favour of the defen-
dant or defendants, the party or parties for whose use the action
was instituted shall be answerable for the legal costs of suit,
and may be proceeded against by attachment against the person
or property of such party or parties for the recovery of the same,
in the same manner as if he, she or they, had been entered by
rule of court the security for such costs of suit.

Person not
to be arrest-
ed out of
the county
where be
resides.

SEC. 11. And be it enacted, That it shall not be lawful for
any person whatsoever to cause any inhabitant of this state to
be arrested out of the county where he or she doth reside, by
virtue of any capias ad respondendum, or capias ad satisfacieri-
dum, for any debt, damage or cost, until the sheriff or coroner of
the county where such defendant shall reside shall have return-
ed a non est inveutus on a capias ad respondendum, or capias ad