COURTS. 929

No appeal lies from an order imposing a fine for contempt. State v. Stone, 3 H.
& MoH. 116.

Upon the refusal of a lower court to obey a writ of habeas corpus directed to it
by a higher court, the latter ordered the justices of the lower court summoned
to answer for contempt. Taylor v. Llewellin, 1 H. & McH. 19.

The sheriff may be attached for not returning a writ. West v. Hughes, 1 H. &
J. 453.

An. Code, sec. 5. 1904, sec. 5. 1888, sec. 5. 1852, ch. 173, sec. 5.

5. In case of the absence of the judges of any court, (except the court
of appeals,) the clerk may adjourn the court from day to day; or he may,
by written order from the judges, adjourn the court to the next term thereof,
or to such other day before the next term as by said order he may be
directed.

An. Code, sec. 6. 1904, sec. 6. 1888, sec. 6. 1796, ch. 43, sec. 20. 1801, ch. 74, sec. 17.
1858, ch. 363. 1890, ch. 411. 1920, ch. 50.

6. The clerk of any court in this State may at any time enter a judg-
ment by confession with the assent of the parties or attorneys in writing,
which shall be filed with the titling, narr., cause of action and other papers
in the case in which said judgment is entered; and a judgment so entered
shall from the date of the entry of the same by the clerk have the same
effect as if entered by order of court during the session of the court.

This 'section is the outgrowth of a tendency to simplify pleading and practice.
The law as it stood prior to 1890, and act of 1890, ch. 411, discussed. The parties
assenting to confession of judgment, impliedly consent to entry of judgment. The
authority of the clerk to enter the judgment is derived not from the parties, but
from the statute. This section being in derogation of the common law, must be
strictly construed, but not so as to make it inoperative. Tyrrell v. Hilton, 92
Md. 186.

This section is to be construed in connection with sec. 39. It provides a method
by which a case not on the docket when the court adjourned, may be put on the
docket, and judgment entered as if the court was in session. This section is not in
conflict with sec. 39, and does not restrict the interpretation of the latter. Frost-
burg v. Tiddy, 63 Md. 519.

A judgment entered under this section is like other judgments subject to the con-
trol of the court during term at which it was rendered, and no appeal lies from an
order striking it out upon a motion made during same term. The effect of a judg-
ment by confession is not substantially different from a judgment entered in a con-
tested case. Sunderland v. Braun Packing Co., 119 Md. 129.

A judgment may be validly entered on a " confession judgment" note by the
clerk under this section; it makes no difference that attorneys appearing for de-
fendant are without express authority to do so. A judgment by confession will not
be stricken out merely because the only authority for such judgment is contained
in the note. When judgment by confession may be stricken out. International
Harvester Co. v. Neuhauser, 128 Md. 176.

Appointment of Assistant Counsel.

An. Code, sec. 7. 1904, sec. 7. 1888, sec. 7. 1856, ch. 19, sec. 1. 1886, ch. 46.

7. The circuit courts for the several counties and the criminal court of
Baltimore may appoint assistant counsel for the State, to aid in the trial
of criminal or other State cases in said courts, whenever in the judgment
of the court in which any such case is pending public interest requires it;
and the said courts may likewise appoint counsel to defend any person in
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