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348 CHANCERY. [ART. 16
For a case involving the nature of an amended bill; how leave to amend
may be obtained: and in what manner the amendment should be made, see
Walsh v. Smyth, 3 Bl. 1.
For a case involving the effect of an amendment of a bill of complaint
upon an injunction, see Binney's Case. 2 Bl. 99.
An answer held to be properly amendable under this section. Bowle v.
Stouestreet, 6 Md. 433.
As to amendment of the bill, see also sec 161.
As to the effect of failure to amend after leave, see sec. 172.
As to amendment upon the death of parties, see sec. 209.
As to setting for hearing the question of the want of proper parties, and
in case the plaintiff fails so to do, his not being entitled to amend as of
course, see sec. 185.
As to amendments at law. see art. 75, sec. 35, et seg.
As to the amendment of proceedings to enforce mechanic's Hens, see art.
63, sec. 41.
1904. art. 16. sec. 17. 1888. art. 16. sec. 17. 1860, are. 16, sec. 17. 1,841, ch. 315.
18. In airy suit in chancery where any of the parties are under
.age, femes covert, of unsound mind or non-residents, the proceedings
may be amended by making new parties or otherwise, and it shall not
be necessary to have any new pleadings or proofs in such cases of
amendment, unless the court shall deem such new pleadings and proofs
necessary to promote the ends of justice, or unless such new party
desires to plead or objects to the proof
See sec. 269.
Auditor.
Ibid. sec. 18. 1888, art. 16, sec. 18. 1860, art. 16, sec. 18. 1785, ch. 72, sec. 17.
1814. ch. 94, sec. 4. 1870. ch. 74.
19. Every judge of a court of equity may appoint, during his
pleasure, a person of integrity, judgment and skill in accounts, to be
auditor for the court of which he is judge, who shall, before he enters
upon the duties of his appointment, take an oath, to be administered
by the judge making the appointment, well and faithfully to execute
the duties of his office, without favor, affection, partiality or preju-
dice; and all accounts to be stated, audited, or settled by such court,
shall be referred for such purpose to the auditor, who shall have power
to administer oaths to all witnesses and persons proper to be exam-
ined upon such accounts, and shall audit, state and settle such accounts
agreeably to the order of the court, and shall return the same to the
court to be done with as the court shall think just; and in all cases
where the regular auditor of any circuit court of this State may be
interested in any cause, or connected therewith as counsel, or in case
of sickness, or absence of such auditor, or for other cause existing where
it may not be proper for such auditor to act, it shall and may be lawful
for the said court, or the judges or judge thereof holding the same to
appoint by order a special auditor, to whom references shall be made
instead of the regular auditor; and the. powers, duties and compensa-
tion of such special auditor shall be in all respects the same as those
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