CHANCERY. 517
returned non est, an attachment with proclamations may issue; and if the
defendant shall fail to answer by the first day of the term next after that
to which the last named attachment was returnable, the court in either case
may pass a decree pro confesso against such defendant, or may order tes-
timony to be taken ex parte; any defendant under this or the preceding
section may answer at any time before final decree, on such terms as the
court may prescribe.
Cited but not construed in Neale v. Hagthrop, 3 Bl. 574; Buckingham v. Peddi-
cord, 2 Bl. 453.
See notes to secs. 164 and 167.
An. Code, sec. 197. 1904, sec. 188. 1888, sec. 175. 1773, ch. 7. 1785, ch. 72. 1799, ch. 79.
1818, ch. 193. 1820, ch. 161.
212. A plaintiff may take, at his election, any of the proceedings
authorized by this article against a defendant who fails to appear or answer.
Cited but not construed in Neale v. Hagthrop, 3 Bl. 573.
An. Code, sec. 198. 1904, sec. 189. 1888, sec. 176. 1815, ch. 163, sec. 7. 1817, ch. 139.
1819, ch. 144, sec. 3.
213. A court of equity may issue process of any sort, including com-
missions to take testimony, to any part of the State.
Cited but not construed in Deale v. Estep, 3 Bl. 439.
An. Code, sec. 199. 1904, sec. 190. 1888, sec. 177. 1886, ch. 441.
214. The court may at any stage of a cause or matter, on the applica-
tion of any party thereto, or party in interest, by motion or petition, or of
its own motion, order the issue of a mandate (affirmative injunction) or
injunction, directing and commanding any party to such cause or matter,
or any party properly brought before it under the existing practice, to do,
or abstain from doing, any act or acts, whether conjointly or in the alter-
native, whether in the nature of specific performance or otherwise named
in such mandate or injunction, and may make such terms and conditions
(as to security, &c.,) as to it may seem fit, preliminary to the granting of
such mandate or injunction.
. This section held to cure any defect arising out of an injunction not being em-
braced in the prayer for that writ. Supreme Lodge v. Simering, 88 Md. 288; Wash-
ington County v. School Commissioners, 77 Md. 291; B. & O. R. R. Co. v. Silbereisen,
121 Md. 413.
The issue and continuance of an injunction, upheld under this section. Horner v.
Nitsch, 103 Md. 508. And see Baltimore v. Poole, 97 Md. 68; B. & O. R. R. Co. v.
Silbereisen, 121 Md. 413.
This section referred to in construing sec. 216—see note thereto. Baker v. Baker,
108 Md. 272.
As to injunctions, see also sec. 81, et seq.
An. Code, sec. 200. 1904, sec. 191. 1888, sec. 178. 1886, ch. 441.
215. Any party to the cause or matter, party in interest or party against
whom such mandate or injunction may issue, may move to have the same
discharged or dissolved, and an appeal may be taken by any of such par-
ties from the order granting such mandate or injunction, or the refusal to
discharge or dissolve the same in such cases, and in such manner and on
such terms as is now allowed in cases of injunctions.
This section referred to in construing sec. 216—see note thereto. Baker v. Baker,
108 Md. 272.
See notes to art. 5, sec. 31.
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