ART. 16] PLEADING, PRACTICE AND PROCESS. 411

shall be received in evidence, and have the same effect as certified

copies of public bonds.

Suit must be brought upon a bond taken as provided in this section in the
name of the state as legal plaintiff; the state, however, has no Interest in
the bond, and no cause of action arises until there has been a breach affect-
ing the interest of some party legally concerned. Who can put the bond in
suit, and what the declaration must show. Le Strange v. State, 58 Md. 39.
And see Ing v. State, 8 Md. 295.

Suit may be brought in the name of the State under this section, without
authority expressly given. State v. Norwood, 12 Md. 193.

1904, art. 16, sec. 167. 1888, art. 16, sec. 154. 1860, art. 16, sec. 109.
1785, ch. 72, sec. 18.

176. Payment of the allowances to examiners, commissioners, wit-
nesses, masters, auditors and clerks to examiners and 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.

Ibid. sec. 168. 1888, art. 16, sec. 155. 1860, art. 16, sec. 110 1832, ch. 302, sec. 6.

1874, ch. 312.

177. In all cases 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; this section not to apply to Baltimore city.

This section referred to in deciding that where a judge of the supreme
bench of Baltimore city files an opinion, It should be inserted in the record,
or in some way brought before the court of appeals. Title Co. v. McCulloh,
108 Md. 53.

Ibid. sec. 169. 1888, art. 16, sec. 156. 1860, art. 16, sec. 111. 1833, ch. 283.

178. It shall not be necessary in any case for the foreclosure or sale
of mortgaged property, to make the heirs of the mortgagee parties to
the same, but any decree upon any bill for foreclosure or sale afore-
said, filed by the executor or administrator of the mortgagee, shall have
the same effect as if the said heirs were parties.

For a note discussing how far this section has made a change in the nature
of the estate of heirs of the mortgagee, etc., see 2 Bl. 685.
As to a sale of mortgaged property, see sec. 217.
As to mortgages, see art. 66.

Ibid. sec. 170. 1888, art. 16, sec. 157. 1860, art. 16, sec. 113. 1841, ch. 259.

179. 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 testi-
mony 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 peti-
tion.

Where in partition proceedings under section 137, there is no proof that
the land cannot be divided without loss, etc.. the defect may be removed by
a bill of review and the proof supplied under this section. Earle v. Turton,.
26 Md. 36.

This section applied. Gregory v. Lenning, 54 Md. 57.