412 CHANCERY. [AET. 16

1904, art. 16. sec. 171. 1888, art. 16, sec. 158. 1860. art. 16, sec. 114.
1820, ch. 161, sec. S.

180. Ill deciding on exceptions to answers, the court may award
the costs of the exception and the order thereon to the party prevailing,
including a fee to the solicitor or attorney.

This section applied. Bank of Maryland v. Dugan, 2 Bl. 257.

As to costs in appeals from courts of equity, see art. o, sec. 67.

Ibid. sec. 172. 1888, art. 16. sec. 159. Rule 31.

181. In all cases where the plaintiff may have a joint and several
claim or demand against several persons, either as principals or sureties,
it shall not be necessary to bring before the court, as parties to a suit
concerning such claim or demand, all the persons liable thereto; but the
plaintiff may proceed against one or more of the persons severally lia-
ble; but the defendant may at once proceed by petition in the nature
of a cross-bill, against such party as is liable jointly with him, and such
party shall be permitted to make himself a party to the original cause,
and defend the same, and the proceedings in the original cause shall,
after the service of such petition, be conclusive as to such other party;
and if he shall appear thereto, the same shall be conducted as if he had
been made a party thereto in the first instance.

Ibid. sec. 173. 1888, art. 16, sec. 160. Rule 32.

182. In all suits concerning real or personal estate, where the entire
estate sought to be affected by the decree or order prayed for is vested
in trustees, under any deed, will or other instrument, with an immediate
and unqualified power of sale, coupled with the right to give receipts,
such trustees shall represent the persons beneficially interested under
the trust, in the same manner and to the same extent as the executors or
administrators in suits concerning personal estate represent the persons
beneficially interested in such personal estate; and in such cases it shall
not be necessary to make the persons beneficially interested under the
trust, parties to the suit; but any party interested may, upon his own
application, be allowed to come in and be made a party to such proceed-
ing, and the court or judge thereof may, upon consideration of the mat-
ter on the hearing, if it should be deemed proper, order such persons,
or any of them, to be made parties.

The terms employed in creating a trust, held to bring it within the opera-
tion of this section. Testamentary trustees, the only necessary parties. Mc-
Devitt v. Bryant, 104 Md. 191.

This section referred to as illustrating statutory authority for the repre-
sentation of absent persons in equity. The constitutionality of this section
has never been called in question. Kingan Packing Co. v. Lloyd, 110 Md. 626.
As to trustees, see sec. 232, et seq.

Ibid. sec. 174. 1888, art. 16, sec. 161. Rule 33.

183. It shall not be necessary to dismiss the entire bill or petition
in any suit, because simply of the mis joinder of parties or the subject-
matter of the suit; but the court may dismiss the bill or petition as to
such of the parties, plaintiff or defendant, as may be improperly joined,
and may dismiss the bill or petition as to such of the subject-matter as