2844 ARTICLE 75

This section referred to in connection with admissibility of evidence under secs. 63
and 67 of art. 35. Laporte Corp. v. Cement Corp., 164 Md. 650.

No appeal lies from action of court under this section, such action being interlocu-
tory. This section has no application to a case of issues sent from orphans' court to
court of law. Magraw v. Munnikhuysen, 35 Md. 292.

A motion for a judgment by default because of insufficiency of answer to bill of dis-
covery was properly overruled, bill of discovery not being filed in time, no order ever
having been asked for or passed by court, and plaintiff's answer voluntarily filed, being
sufficient. Rich v. Boyce, 39 Md. 323.

Cited but not construed in Chappell v. Real Estate Co., 91 Md. 757; Tome v. Parkers-
burg, etc., Co., 39 Md. 89.

As to the production of books and papers in equity, see art. 16, secs. 27 and 28; in
prosecutions for "False Pretenses," see art. 27, sec. 159.

See notes to sec. 104.

An. Code, 1924, sec. 107. 1912, sec. 100. 104, sec. 100. 1888, sec. 95. 1888, ch. 529.

107. Whenever at the trial, hearing or any other stage of an action,
suit, petition, cause or matter at law or in equity, it shall appear to the
court that the attendance or testimony of any person or witness, or the
production of any paper, document or thing not produced by any party
is necessary to the purposes of justice, the court may require any party
to produce such paper, document or thing for inspection by court or jury,
or may of its own motion issiue process for the production of such person,
witness, paper, document or thing, and may adjourn or postpone the trial
or hearing, or name a day for the further trial or hearing, if the trial
has begun, or if a hearing shall already have been had, in order that such
person, witness, paper, document or thing may attend or be produced,
upon such conditions in every case as to time, notice, cost and security,
as the court may deem proper.

This section referred to in deciding that a witness could not be asked by plaintiff's
counsel to refer to defendant's books and state what entries therein had reference to
transactions in suit, there being no evidence that books contained any material or
relevant proof. Cooney v. Hax, 92 Md. 137.

See notes to secs. 104 and 106.

An. Code, 1924, sec. 108. 1912, sec. 101. 1904, sec. 101. 1888, sec. 96. 1825, ch. 208, sec. 2.

108. At the trial of any suit instituted upon the bond of any clerk
or register for neglect of duty, it shall be the duty of the clerk or register,
when required, to exhibit to the court his dockets, records and fee books,
and the measure of damages shall be the sum or sums he has charged for
services he has not performed, unless special damage has been suffered
by some person, and if so, the jury shall, in addition, allow for such
special damage.
See notes to sec. 106.

Removal of Causes.

An. Code, 1924, sec. 109. 1912, sec. 102. 1904, sec. 102. 1888, sec. 97. 1805, ch. 65, sec. 49.
1862, ch. 171 1868, ch. 180. 1874, ch. 364.

109. The parties to any cause may submit the same to the court for
determination without the aid of the jury; and in all suits or actions at
law, issues from the orphans' court, or from any court sitting in equity,
and in all cases, of presentments of indictments for offenses which are or
may be punishable by death, pending in any of the courts of law in this
State having jurisdiction thereof, upon suggestion in writing, under oath,
of either of the parties to said proceedings, that such party cannot have a
fair and impartial trial in the court in which the same may be pending,
the said court shall order and direct the record of proceedings in such