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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 416   View pdf image (33K)
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416 CHANCERY. [ART. 16

1904, art. 16, sec. 183. 1888, art. 16, sec. 170. 1886, ch. 321.

192. Upon decrees, orders and for costs adjudged, a party shall
have the right to order as many writs of different kinds, for the enforce-
ment of the same, and to one or as many counties as he shall see fit;
but when issued to a county other than that in which the case shall be,
the writ shall be sent by the clerk, with a short copy of the decree or
order and docket entries, and a statement of the costs, to the clerk of
the court of the county to which issued, (in Baltimore city, the superior
court,) and there docketed, and shall be a lien on lands only from the
time it is so docketed, and may be there from time to time renewed,
as now in common law cases, by the issue of the like or other writs;
but the court in which such case shall originally be may order that
the party directing vexatiously or unnecessarily any writ hereunder
shall pay the cost of the same.

Ibid. sec. 184. 1888, art. 16, sec. 171. 1886, ch. 321.

193. An order or decree for the delivery of chattels may be enforced
by the same writs, and all of them, as are used in the action of replevin
at common law, as well as those which would have been heretofore used
for its enforcement in the equity courts of this State.

Ibid. sec. 185. 1888, art. 16, sec. 172. 1860, art. 16, sec. 119.
1820, ch. 161, sec. 2.

194. In all cases where a bill for discovery merely is filed against a
defendant of full age, and the subpoena issued thereon is returned sum-
moned, and the defendant fails to answer within the time fixed by the
rules or order of the court, upon satisfactory proof, by affidavit or
otherwise, being produced to the court that such subpoena was duly
served, the court may examine the plaintiff in open court, or upon inter-
rogatories, on oath, touching the truth of the allegations in the bill; and
if from such examination the court shall be satisfied prima facie that
the allegations in the bill are true, then a decree shall be passed which
shall have the same effect, in evidence or otherwise, as the answer of the
defendant confessing all the allegations of the bill could have; or if the
subpoena shall be returned summoned, and the defendant shall fail to
appear, or, after appearance, shall fail to answer, an attachment of con-
tempt may issue; and if the said attachment is returned served, and the
defendant fails to appear or answer, as the case may be, the court,
upon being satisfied of the service of both subpoena and attachment,
may pass a decree pro confesso, or if in such case the attachment is
returned non est inventus, an attachment with proclamations may issue;
and if the defendant shall fail to appear or answer, as the case may be.
the court, upon being satisfied of the service of the subpoena, may pass
a decree pro confesso, without examining the plaintiff, in its discretion;
and such decree, in either case, shall have all the effect, in evidence or
otherwise, that the answer of such defendant confessing all the allega-
tions in the bill would have.
See sec. 150.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 416   View pdf image (33K)
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