636 PROCEEDINGS IN EQUITY. [ART. 65.
Id s. 16
1854, c 230
Amendment
before fin al de-
cree upon pay-
ment of costs
6 Md 418, 10
Md 36, 18 Md
107, 25 Md 895
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AMENDMENT.
38. Upon application of either complainant or defendant to any
court of equity, he shall have the right, upon payment of such costs
as the court may direct, to amend at any time, before final decree,
the bill of complaint, answer, pleas, demurrers, or any of the pro-
ceedings in any cause before the court, so as to bring the merits of
the case in controversy fairly to trial.
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Id s 17
1841, c 315
Where parties
under age, feme
coverts, of un-
sound mind, or
non-resident
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30. In any suit in chancery where any of the parties are under
age, feme coverts, of unsound mind, or non-residents, the proceed-
ings may be amended by making new parties or otherwise, and it
shall not be necessary to have any new pleadings or proofs in such
cases of amendment, unless the court shall deem such new pleadings
and proofs necessary to promote the ends of justice, or unless such
new party desires to plead or objects to the proof.
INTERROGATORIES.
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Id s. 106.
1785, c 72, a 21.
Interrogatories
to complainant
may be filed.
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40. In all cases, the defendant in chancery may exhibit interroga-
tories to the complainant, which shall be answered by him, in writing,
upon oath, and such answer shall be evidence in the cause, in the same
manner and to the same effect that the defendant's answer to the com-
plainant's bill is evidence, and there shall be the same process and
the same power exercised by the court to compel the complainant to
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How answer
compelled.
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answer the defendant's interrogatories, as can be issued or lawfully
exercised to compel the defendant to answer the plaintiff's bill, and
if such plaintiff be a non-resident, and shall fail to answer such in-
terrogatories by a certain day to be fixed by the court, the court may
order that his bill be dismissed, with costs, to the defendant. The
court, in fixing the period within which a plaintiff shall answer as
aforesaid, shall give a reasonable time, regard being had to the place
of plaintiff's residence, and, if justice require it, the court may ex-
tend the time.
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Id s. 107.
1785, c 72, ss 20,
21, 1820, c. 161
Bill may be dis-
missed, unless
interrogatories
answered.
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41. If a complainant against whom an attachment has issued for
not answering the interrogatories or the defendant, and such at-
tachment is returned served, shall not put in a sufficient answer to
such interrogatories by the fourth day of the term to which such
attachment is made returnable, the court may dismiss his bill; or,
the court may give such further time to answer as may seem reason-
able.
DEFENDANTS SUMMONED, BUT NOT APPEARING OR ANSWERING.
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Art 16, s 115
1785, c 72, s 20,
1799, c 79, ss 5,
9, 1818, c 193,
1820, c 161, s 1
When an inter-
locutory decree
may be entered
and an ex parte
commission
issued
27 Md 88, 674;
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4: 2. Whenever a subpoena shall issue from a court of equity on a
bill filed in said court, and such subpoena hath been returned sum-
moned as to any of the defendants therein named, and the defend-
ants or any of them so returned summoned, shall fail to appear ac-
cording to the exigency of the said writ, or, having so appeared,
shall fail to put in a sufficient answer to the said bill within the time
which may be prescribed by the court from which the said writ issued
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