NOV. 1785.
CHAP. 72. |
APPENDIX——CHANCERY LAWS.
20. AND BE IT ENACTED, That every defendant
appearing at
the return court of the subpœna, shall file a good and sufficient
answer to the bill or petition exhibited against him, with the register
in chancery, on or before the fourth day of the court next following
the said return court; and if the defendant, (not having
further time granted by the court to file an answer,) shall omit or
neglect to file such answer accordingly, the defendant shall be in
contempt, and the plaintiff shall and may, upon motion, have an
attachment (g) of contempt against him, and if the defendant upon
such attachment shall be returned non est inventus, the plaintiff
shall
be at liberty to obtain, upon motion, the usual process of attachment
with proclamations to compel the defendant to answer, and if
the defendant shall stand out the said process of attachment, and
attachment with proclamations, and shall not file a good and sufficient
answer by the return court of the last of the said process, the
bill or petition filed, unless the defendant shall have further time
granted him by the court to put in such answer, shall, upon motion,
be taken pro confesso (h), and such decree made thereupon as by
the
court may be thought just, and if the said defendant shall have further
time granted him to answer, and the said defendant shall not, before
the expiration of such further time, put in a good and sufficient
answer to the bill or petition exhibited against him, such bill
or petition shall be taken pro confesso, without further delay,
and
such decree made thereon as by the court may be deemed just, or
the chancellor may, in his discretion, in said cases, order commission
to issue as aforesaid, or examine the plaintiff as aforesaid, and
thereupon decree as he shall think just.
(g) By 1799, ch. 79, section
2, on failure of a defendant to appear, after such
attachment is returned attached, the chancellor may, on application, limit
a day
in the following term for his appearance and answering, or otherwise may
take
the bill pro confesso, or direct a commission, &c. and proceed
to a decree.
(h) By 1799, ch. 79, section 5, the chancellor
is, in such cases, (in his discretion,)
either to take the bill pro confesso, or direct a commission for
taking depositions,
ex parte, &c. |
And may exhibit
interrogatories,
&c. |
21. AND BE IT ENACTED, That in all cases the
defendant in
chancery may exhibit interrogatories to the plaintiff, which shall
be answered by him in writing upon oath, and such answer shall
be evidence in the cause, in the same manner, and to the same effect,
that the defendant's answer to the plaintiff's bill is evidence,
and there shall be the same process, and the same power exercised
by the chancellor to compel the plaintiff to answer the defendant's
interrogatories, as can be issued, or lawfully exercises, to compel
the defendant to answer the plaintiff's bill. |
Party in contempt
to pay a fine, &c. |
22. AND BE IT ENACTED, That in order to enforce
obedience
to the process, rules and orders, of the chancery court, 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 chancellor or chancery 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 court, may be incurred,
such party or person shall, for every such contempt, and before
he shall be released or discharged from the same, pay to the
register in chancery, (to be by him accounted for upon oath, and
paid, at the end of every six months, to the treasurer of the western
shore, to the use of the state,) a sum not exceeding ten pounds |
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