94 CHANCERY. [ART. 16.
proper, the court may take such bond in the name of the State
as obligee, and the same may be sued on by any person interested
as public bonds may, and a copy, certified by the clerk of the
court, under the seal thereof, shall be received in evidence, to the
same effect as certified copies of public bonds.
109. Payment of the allowances to commissioners, witnesses,
auditors and clerks to commissioners, may be compelled by order
of the court, and process of contempt for disobedience to such
order may be issued as in other cases.
110. In all causes in the courts of equity, it shall be the duty
of the said court to file their opinions for or in respect of any
final decree or decretal order, whenever such decree or order
shall have passed upon argument, oral or in writing, on the part
of any of the parties in such cause.
111. It shall not be necessary in any case for the foreclosure
or sale of mortgaged property, to make the heirs of the mort-
gagee parties to the same, but any decree upon any bill for fore-
closure or sale aforesaid filed by the executor or administrator
of the mortgagee, shall have the same effect as if the said heirs
were parties.
112. If any defendant, after appearance and before he puts in
a sufficient answer, shall leave the State, or if any non-resident
defendant appears and does not put in a sufficient answer, the
court may order such defendant to answer by a particular day,
and upon his failure to comply with such order, the bill may be
taken pro confesso against such defendant, or a commission ex
parte may be issued, in the discretion of the court.
113. Under any bill of review, or other proceedings to set aside
or reverse any order or decree passed in any case in which any
infant or person non compos mentis was interested, on the
ground that no testimony was taken to prove the allegations in
the bill or petition filed in such case, or that no replication was
put in, it shall be lawful for the person interested to supply said
proof and pleas, in the same manner as the same could have been
furnished under such original bill or petition.
114. In deciding on exceptions to answers, the court may
award the costs of the exception and the order thereon to the
party prevailing, including a fee to the solicitor or attorney.
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