92 CHANCERY. [ART. 16.

section; an infant by his guardian or prochein ami, and a non
compos by his committee or trustee.

PRACTICE.

100. In case where the defendant has failed to appear, or to
answer after appearance, and an ex-parte commission has issued,
such cases may be set down for final hearing after thirty days
from the return of such commission, unless the defendant shall
have obtained leave to answer, and the court shall consider
further time necessary.

101. Where some of the defendants have answered, and some
are in default for not appearing or answering, and the testimony
has been taken under the commission issued in the cause, as may
be done without issuing an ex-parte commission, the case may
be set down for final hearing at any time after the return of the
commission, with the assent of the defendants who have answered,
unless the defendants in default shall have obtained leave to
answer, and the court shall consider further time necessary.

102. Upon any plea or demurrer being overruled, upon argu-
ment or otherwise, or being withdrawn without leave of the
court, the party whose demurrer or plea is so overruled or with-
drawn, shall pay to the opposite party the sum of ten dollars,
and the costs thereof, and be in contempt until the said sum of
money and costs are fully paid.

103. It shall not be necessary for any defendant to make oath
to his answer unless required by the complainant, nor shall any
answer, whether sworn to or not, be evidence against the com-
plainant at the hearing of the cause, unless the complainant shall
read such answer as evidence against the defendant making the
same; but this section shall not apply to motions to dissolve an
injunction or to discharge a receiver.

104. 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