CHANCERY. 505

An. Code, sec. 160. 1904, sec. 151. 1888, sec. 138.

175. If the plaintiff shall not reply to any plea filed, or shall not set
down any plea or demurrer for argument, within ten days after the same
filed, the defendant may set it down for argument on five days' notice.

An. Code, sec. 161. 1904, sec. 152. 1888, sec. 139. Rule 19.

176. If, upon the hearing, any demurrer shall be allowed, the court
may, in its discretion, upon motion of the plaintiff, allow him to amend the
bill upon such terms as it shall deem to be reasonable.

As to amendments in equity, see sec. 17.
See sec. 200.

An. Code, sec. 162. 1904, sec. 153. 1888, sec. 140.

177. If, upon the hearing, any demurrer or plea is overruled, unless
the court or judge thereof hearing the same be satisfied that it was intended
for vexation and delay, the defendant shall be required to answer the bill,
or so much thereof as may be covered by the plea or demurrer, at such time
as, consistently with justice and the rights of the defendant, the same can
be reasonably done; in default whereof, the bill shall be taken, as against
him pro confesso, and the matter thereof proceeded in and decreed accord-
ingly ; and such decree shall also be made when the court or judge thereof
shall be satisfied that the plea or demurrer was interposed for vexation or
delay merely, and is frivolous or unfounded.

No appeal lies from an order overruling a plea to a bill of complaint, since it
decides a mere question of pleading. This section referred to in construing art. 5,
sec. 30, et seq.—see notes thereto. Peoples v. Ault., 117 Md. 634.

Where a demurrer is accompanied by an affidavit that it was not intended for
delay and the decree does not indicate that the truth of the statement was doubted
by the court, the prayer of the bill should not be granted immediately without
giving the defendants an opportunity to answer and be heard on the merits. Didier
v. Merryman, 114 Md. 434.
Cited but not construed in Stinson v. Ellicott City, etc., Co., 109 Md. 115.

An. Code, sec. 163. 1904, sec. 154. 1888, sec. 141. 1785, ch. 72, sec. 25. 1888, ch. 486.

178. Upon any plea or demurrer being overruled, upon argument or
otherwise, or being withdrawn without leave of the court, the party whose
demurrer or plea is so overruled or withdrawn shall pay to the opposite
party the sum of ten dollars, and the costs thereof, and be in contempt until
the said sum of money and costs are fully paid, unless the court shall other-
wise specially order.

The uniform practice is upon overruling a plea or demurrer, to grant leave or
require the defendants to answer within a limited time, and they should not be
deprived of the privilege because of an unsuccessful appeal. Trego v. Skinner, 42
Md. 433; Collateral, etc., Bank v. Fowler, 42 Md. 402; Seebold v. Lockner, 30
Md. 137.

A defendant who is in contempt under this section, has no right to file an answer,
and if he does so the same will not be considered. If, however, the fines and costs
are paid before appeal taken, the answer will be considered so as to entitle the
defendant to appeal from an order granting an injunction—see art. 5, sec. 31
Gilbert v. Arnold, 30 Md. 35.

A defendant may appeal from an order overruling a demurrer to a bill although
it does not affirmatively appear that he has paid the ten dollars required by this
section. Stinson v. Ellicott City, etc., Co., 109 Md. 113.

An order held to be in strict conformity with this section, and the costs put
upon the defendant, to be limited to those accruing on the demurrer. Dennison v.
Yost, 61 Md. 142.