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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 515   View pdf image (33K)
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CHANCERY. 515

compel the performance of any decree, the court may, upon motion, order
such defendant to stand committed, or may order his estate and effects to
be sequestrated, and payment made as above directed, or possession of his
estate and effects to be delivered by injunction as above directed, until such
decree or order shall be fully performed and executed, according to the
tenor and true meaning thereof, and the contempt cleared; but where the
decree only directs the payment of money, no defendant shall be impris-
oned, and process of commission of rebellion and sergeant-at-arms are
abolished.

This section referred to in deciding that a decree of a court of equity is a lien on
the defendant's lands similar to that of a judgment at law. Election given a plaintiff
by this section. Coombs v. Jordan, 3 Bl. 321.

This section shows that the process of sequestration still exists. The act of 1818,
ch. 193, dispensed with demand or notice of the decree before issuing process thereon
as required by the act of 1785, ch. 72. Keighler v. Ward, 8 Md. 264; McKim v.
Odom, 3 Bl. 425. As to the writ of sequestration, cf. Buckingham v. Peddicord,
2 Bl. 451.

The act of 1785, ch. 72, sec. 26, abolished the process of commission of rebellion
and sergeant-at-arms. Deale v. Estep, 3 Bl. 437. And see Keighler v. Ward, 8 Md.
264; Buckingham v. Peddicord, 2 Bl. 451.

For cases dealing with the jurisdiction of the high court of chancery under this
section, see Cape Sable Co.'s Case, 3 Bl. 668; Binney's Case, 2 BL 145.

For a case apparently now inapplicable by reason of changes in the law, see
Watkins v. Dorsett, 1 Bl. 535.

Cited but not construed in Crapster v. Griffith, 2 Bl. 14; Watkins v. Watkins, 1
Bl. 359; McKomb v. Kankey, 1 Bl. 363.
As to fine and commitment for contempt, see sec. 188.
See notes to sec. 81.

An. Code, sec. 191. 1904, sec. 182. 1888, sec. 169. 1886, ch. 321.

206. All orders may be enforced by such process as might be had upon
a judgment or decree to the like effect; and the payment of costs adjudged
to any party, or to any officer of any court, may be enforced in like manner,
without special or further order for their payment.

An. Code, sec. 192. 1904, sec. 183. 1888, sec. 170. 1886, ch. 321.

207. Upon decrees, orders and for costs adjudged, a party shall have
the right to order as many writs of different kinds, for the enforcement 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.

An. Code, sec. 193. 1904, sec. 184. 1888, sec. 171. 1886, ch. 321.

208. 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.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 515   View pdf image (33K)
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