ART. 65. ] PROCEEDINGS IN EQUITY.

639

of such answer shall in no case affect the validity of any commis-
sion previously issued to take testimony, or of the proceedings, or
any of them, under such commission, or of any testimony previously
taken and returned under any such commission.

INFANT OR INSANE DEFENDANTS.

Commission to
take testimony
previously
issued

49. No decree pro confesso shall be passed against an infant or
insane defendant under the preceding sections 42 to 48 inclusive,
but such infant or insane defendant shall be proceeded against ac-
cording to the provisions of article LXVI of this Code, relating
specially to infants and persons non compos mentis.

BILL OF REVIEW, ETC., AS TO INFANTS AND PERSONS NON COMPOTES
MENTIS.

Art 16 s 124
1785, c 72, 1790,
c 60, 1810 c
154 1818, es
133, 193, 1828,
c 184, 1831, c
811, 1813, c. 150.
No decree pro
confesso to pass
against infants
or insane de-
fendants

50. Under any bill of review, or other proceedings to set aside
or reverse any order or decree passed in any case in which any
infant or person non compos mentis was interested, on the ground
that no testimony was taken to prove the allegations in the bill or
petition filed in such case, or that no replication was put in, it shall
be lawful for the person interested to supply said proof and pleas,
in the same manner as the same could have been furnished under
such original bill or petition.

BONDS IN NAME OF State.

Art 16, s 113.
1841, c 250
When pleadings
and proofs may
be supplied on
bill of review,
etc
26 Md 23,
27 Md 368.

51. When a court of equity shall require bond, with or without
security, to be given in any case, and the parties concerned therein
shall be numerous, or if it shall appear for other reasons proper, the
court may take such bond in the name of the State as obligee, and
the same may be sued on by any person interested as public bonds
may, and a copy, certified by the clerk of the court, under the seal
thereof, shall he received in evidence, to the same effect as certified
copies of public bonds.

FINES AND COSTS.

Art 16, s 108
1835, c 380, s 7.
How bonds may
be given and
sued where
parties are
numerous
8 Md 295,
12 Md 177,
39 Md. 178

52. Upon any plea or demurrer being overruled, upon argument
or otherwise, or being withdrawn without leave of the court, the
party whose demurrer or plea is so overruled or withdrawn shall pay
to the opposite parly the sum of ten dollars, and the costs thereof,
and he in contempt until the said sum of money and costs' are fully
paid.

; Art 16, s 102
1785, c 72, s 25.
Who to pay,
when plea or
demurrer over-
ruled
30 Md 29 134,
42 Md 391, 426,
3 G & J 491,
2 Bl. 685

53. In deciding on exceptions to answers, the court may award
the costs of the exception, and the order thereon, to the party pre-
vailing, including a fee to the solicitor or attorney.

Id s 114
1820, c 161, s 8
Costs, etc, on
exceptions.

54. Payment of the allowances to commissioners, witnesses, au-
ditors, and clerks to commissioners may be compelled by order of the
court, and process of contempt for disobedience to such order may
be issued as in other cases.

Id s 109
1785, c 72, s 18
Costs, etc, of
commissioners,
witnesses, etc