McKIM v. ODOM.—3 BLAND. 403

pel the plaintiff to come into this Court, and incur the expense of
a bill of discovery. It certainly does seem to be reasonable, even
although the plaintiff should be ordered to pay the costs of this
Court in the first instance; yet that they should await the event of
the suit at law, and be taxed there like the costs for summoning
witnesses, &c. as a part of the costs of the suit at common law.
Cartwright v. Hately, 1 Ves. Jun. 292; Weymouth v. Boyer, I Ves.
Jun. 423; Simmonds v. Lord Kinnaird, 4 Ves. 746; Hindman v.
Taylor, 2 Bro. C. C. 10; Noble v. Garland, 1 Mad. Sep. 343; 1 Mad.
Pra. Chan. 216; Grant v. Jackson, Peake's Cas. N. P. 204.

The Act of Assembly declares, that in deciding on exceptions
to answers, the Court may award costs to the party prevailing;
1820, ch. 161, s. 8; by which the question of costs seems to have
been submitted entirely to the discretion of the Court, in all such
cases, without distinction. In the exercise of that discretion,
therefore, I cannot but think it as reasonable, on a mere bill of
discovery, as on a bill for relief, where the plaintiff has been put
to the expense and trouble of extracting a sufficient answer from
the defendant, or of pruning away its impertinences, that he should
have, at least the costs of the exceptions; and therefore I shall
give such costs in this case.

* Whereupon it is ordered, that the last one of the excep-
tions of the plaintiff to the said answer, be and the same is 407
hereby allowed; and that the said exhibit which the defendants
have prayed to be taken as a part of their answer, purporting to
be a copy of the second administration account of the defendants,
and the distribution of the surplus of their intestate's estate, be
expunged from the proceedings in this case; that all the other
exceptions of the said plaintiff to the said answer be overruled.
And that the defendants pay to the plaintiff all the costs of the
said exceptions, including a solicitor's fee, to be taxed by the
register.

McKIM v. ODOM.

HEARING ON BILL AND ANSWER.—CHANCERY PRACTICE.—EFFECT OF AN AP-
PEAL.—PUBLIC CORPORATIONS.

It the plaintiff brings on the case for hearing on bill and answer, he thereby

admits the answer to be true, (a)
The bill dismissed as to some of the defendants, and relief granted against

others.

A decree to account.
Where evidence is to be taken, a reasonable time to collect it is allowed as

of course.

(a) Cited in Warren v. Twilley, 10 Md. 48.