622 ARTICLE 16
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, 1924, sec. 207. 1912, sec. 192. 1904, sec. 183. 1888, sec. 170. 1886, ch. 321.
213. 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, 1924, sec. 208. 1912, sec. 193. 1904, sec. 184. 1888, sec. 171. 1886, ch. 321.
214. 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.
An. Code, 1924, sec. 209. 1912, sec. 194. 1904, sec. 185. 1888, sec. 172. 1820, ch. 161, sec. 2.
215. In all cases where a bill for discovery merely is filed against a
defendant of full age, and the subpoena issued thereon is returned sum-
moned, and the defendant fails to answer within the time fixed by the
rules or order of the court, upon satisfactory proof, by affidavit or other-
wise, being produced to the court that such subpoena was duly served, the
court may examine the plaintiff in open court, or upon interrogatories, on
oath, touching the truth of the allegations in the bill; and if from such
examination the court shall be satisfied prima facie that the allegations
in the bill are true, then a decree shall be passed which shall have the same
effect, in evidence or otherwise, as the answer of the defendant confessing
all the allegations of the bill could have; or if the subpoena shall be re-
turned summoned, and the defendant shall fail to appear, or, after appear-
ance, shall fail to answer, an attachment of contempt may issue; and if
the said attachment is returned served, and the defendant fails to appear
or answer, as the case may be, the court, upon being satisfied of the service
of both subpoena and attachment, may pass a decree pro confesso, or if in
such case the attachment is returned non est inventus, an attachment with
proclamations may issue; and if the defendant shall fail to appear or
answer, as the case may be, the court, upon being satisfied of the service of
the subpoena, may pass a decree pro confesso, without examining the plain-
tiff, in its discretion; and such decree, in either case, shall have all the effect,
in evidence or otherwise, that the answer of such defendant confessing all
the allegations in the bill would have.
See sec. 171.
An. Code, 1924, sec. 210. 1912, sec. 195. 1904, sec. 186. 1888, sec. 173. 1773, ch. 7, sec. 3.
1785, ch. 72, secs. 19, 20. 1799, ch. 79, sec. 5. 1832, ch. 302, sec. 3.
216. In any case where a defendant has been returned summoned and
shall fail to appear, an attachment may issue to compel the appearance;
|
![clear space](../../../images/clear.gif) |