CHANCEEY. 509
swer is filed on February 1st, the plaintiffs have the whole of February 16th on
which to file a replication; hence a rule further proceedings may not be entered
on the 16th. Norris v. Ahles, 115 Md. 64.
This section referred to in discussing the dismissal of a petition, in the orphans'
court for failure to file replication. Long v. Long, 115 Md. 135.
An. Code, sec. 171. 1904, sec. 162. 1888, sec. 149.
186. No special replication to any answer shall be filed. But, if any
matter alleged in the answer shall make it necessary for the plaintiff to
amend his bill, he may obtain leave to amend the same, upon application
to the court or judge thereof, within such time and upon such terms as
may be prescribed by order.
An. Code, sec. 172. 1904, sec. 163. 1888, sec. 150.
187. If the plaintiff, so obtaining any order to amend his bill after
answer, or after plea or demurrer thereto, shall not make the amendment
within the time allowed, he shall be considered to have abandoned the leave
to amend, and the cause shall proceed as if no application for such leave had
been made. But where such amendment is made, and new facts are intro-
duced, and the case is thus varied in any material respect, the defendant
shall be at liberty to answer anew, or to plead, or demur to the bill as
amended, within such time as the court or judge thereof may prescribe,
after notice of the amendment made; and notice may, in all cases, be given
by service of a copy of the bill as amended, upon the defendant, or upon his
solicitor, if there be one; or it may be by subpoena. The mode of proceeding
in default of answer to the matter of the amendment shall be the same as
that in default of answer to the original bill; and the proceeding on answer,
plea or demurrer, filed to the amended bill, shall be the same as that on
answer, plea or demurrer to an original bill.
The defendant is always entitled to notice of an amended or supplemental bill.
If the case is materially varied or new matter introduced, the defendant must
answer anew. Bill held to be substantially varied. Cockey v. Plempel, 86 Md. 185.
As to amendments in. equity, see secs. 17 and 176.
An. Code, sec. 173. 1904, sec. 164. 1888, sec. 151. 1785, ch. 72, sec. 22.
188. In order to enforce obedience to the process, rules and orders of
the courts of equity, in all cases where any party or person shall be in con-
tempt, for disobedience, non-performance or non-observance of any pro-
cess, rule or order of the court, or for any other matter or thing whatsoever,
whereby or wherein a contempt, according to the rules, law, practice or
course of the said courts may be incurred, such party or person shall, for
every such contempt, and before he shall be released or discharged from
the same, pay to the clerk of the court (to be paid by him at the end of every
six months to the treasurer, for the use of the State), a sum not exceeding
twenty dollars, as a fine for the purgation of every such contempt; and the
said party or person being in court upon any process of contempt or other-
wise, upon the order of the court, shall stand committed and remain in close
custody until the said process, rule or order shall be fully performed,
obeyed and fulfilled, and until the said fine or fines for such contempt
imposed by the said court, and the costs, shall be fully paid.
See notes to sec. 81.
As to attachments for contempt, see sec. 205.
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