1680 PLEADINGS, PRACTICE AND PEOCESS AT LAW. [ART. 75

obtaining possession of the lands and tenements, but his heir or devisee
shall have all the rights and remedies therein given to the purchaser.

Preservation, Detention and Inspection of Property.

1904. art. 75, sec. 98. 1888, art. 75, sec. 93. 1886, ch. 317.
98. It shall be lawful for the court in any action at law or cause in
equity, or in any judicial proceeding, upon the application of any party
thereto, and on such terms as to it may seem just, to make any order
for the preservation, detention or inspection of any property being the
subject of such action, cause or proceeding, and for all or any of the
purposes aforesaid; to authorize any person or persons to enter upon
or into any land or building in the possession of any party to such
action, cause or proceeding, and for all or any of the purposes aforesaid;
to authorize any samples to be taken, or any observations to be made,
or experiment to be tried, which may seem necessary or expedient for
the purpose of obtaining full information or evidence.

This section does not confer upon the trial court power In Its discretion to
allow the jury to inspect premises. Such inspection can only be allowed by
consent of both parties. The act of 1886, ch. 415, omitted from the code of
1888. Arnold v. Green, 95 Md. 227.

A sketch or painting of a bridge, milldam and the adjacent country, admit-
ted in evidence In view of the act of 1886, ch. 415. Harford County v. Wise,
71 Md. 54; New York, etc., Co. v. Jones, 94 Md. 33.

Production of Books and Answering Bill of Discovery.

Ibid. sec. 99. 1888, art. 75, sec. 94. 1860. art. 75, sec. 69. 1796, ch. 43,
sec. 7. 1801, ch. 74, sec. 6.

99. The court shall have power in the trial of actions at law, on
motion made at the first court after the appearance court, supported
by affidavit that the same is not intended for delay, and due notice
thereof being given, to require the parties to produce copies, certified
by a justice of the peace, of all such parts of all books or writings in
their possession or power as contain evidence pertinent to the issue, or
to answer any bill of discovery only which may be filed by the second
court after the appearance court, in cases and under circumstances
where they might be compelled to produce said original books or writings
or answer such bill of discovery by the ordinary rules of proceeding in
chancery, and if a plaintiff shall fail to comply with any such order
to produce such books or writings, or answer such bill of discovery, it
shall be lawful for the said courts on motion to give the like judgment
for the defendant as in cases of non-suit, and if a defendant shall fail
to comply with such order to produce books or writings, or to answer
any bill of discovery only, it shall be lawful for the court, on motion as
aforesaid, to give judgment against him by default; provided, that any
plaintiff or defendant may, in compliance with any rule for producing
extracts of such bonks or papers, bring into court the original books or
papers.