734

LAWS OF MARYLAND.— 1830.

shall be served personally on him, her or them, or left at his,
her, or their usual place of abode, so long before the time therein
fixed for appearance, as the court in its discretion shall direct ;
and in case they or any of them shall reside out of this state,
shall be published, as to such absentee or absentees, in the
manner prescribed by law for publication against absent defen-
dants in suits in the chancery court.

On return
of summons
and party
failing to
appear,
court may
enter them,
as parties,

&c.

SEC. 6. And be it enacted. That on the return of such sum-
mons, and due proof of its service or publication, the parties
named therein, and summoned to appear and become parties to
the suit, failing to do so, according to the exigency of the said
summons, within the first four days of the term at which he,
she or they, shall have been required by the said summons to
appear, the court shall have power, and is hereby required, to
cause the said party or parties to be entered as party or parties
to the said suit, in the place of the said deceased party, and to
proceed in the said suit in all respects as if the said party or
parties had appeared and entered as aforesaid, or had originally
been party or parties to the said suit.

In cases
where new
parties are
made, they
may deny
matters
alleged, &c.

SEC. 7. And be it enacted, That in all cases where any new
party or parties shall have been made to a suit, according to the
provisions of this act, at the instance and on the application of
the opposite party, such new party or parties may, on appear-
ance, and by suggestion, on oath, deny all or any of the matters
alleged and set forth in such application ; which matters so
denied shall then be proved in the progress of the cause, in the
same manner as allegations in a bill which are denied or not
admitted; and where any person or persons shall, on his, her,
or their own application, be admitted as party or parties to any
suit in the place of a party or parties alleged to be dead, the
opposite party may in like manner, by suggestion on oath, deny
all or any of the matters alleged in the said last mentioned
application, whereupon the matters so denied shall, in the pro-
gress of the cause, be proved in the same manner as allegations
in a bill which are denied or not admitted, and in both the said
cases the court shall make such final decree as to right shall
appertain.

In deciding
on excep-
tions court
may award
costs, &c.

SEC. 8. And be it enacted, That in deciding on exceptions to
answers in the chancery court, or in the county courts as courts
of equity, the said courts respectively may award the costs of
the exceptfons, and the order thereon, to the party prevailing,
including a fee to the solicitor or attorney equal in amount to
the solicitor's or attorney's fee in the suit.