640

PROCEEDINGS IN EQUITY. [ART. 65.
CONTEMPT OF COURT.

Art. 16, s 104.
1785, c 72, s 22
Contempt, how
punished

55. In order to enforce obedience to the process, rules, and or-
ders of the courts of equity, in all cases where any party or person
shall be in contempt for disobedience, non-performance, or non-ob-
servance of any process, rule, or order of the court, or for any other
matter or thing whatsoever, whereby or wherein a contempt accord-
ing to the rules, law, practice, or course of the said courts may be in-
curred, such party or person shall, for every such contempt, and be-
fore he shall be released or discharged from the same, pay to the

Fines and costs

clerk of the court (to be paid by him at the end of every six months
to the treasurer for the use of the State), a sum not exceeding
twenty dollars, as a fine for the purgation of every such contempt,
and the said party or person being in court upon any process of
contempt or otherwise, upon the order of the court, shall stand com-

Custody

mitted and remain in close custody until the said process, rule, or
order shall be fully performed, obeyed, and fulfilled, and until the
said fine or fines for such contempt imposed by the said court, and
the costs shall be fully paid.

INTRODUCTION OF BOOKS, ETC., UNDER ORDER OF COURT.

Art 17, s 20
1798, c 84
Production of
documentary
evidence under
order of a court
of equity
31 Md 828,
2 B1 447, 686.

56. The courts of equity shall have power and authority, on the
application of either party on the trial of any actions at law or suits
in chancery, either for discovery or relief, to require and decree that
the parties shall produce either the original books, writings, or pa-
pers, or copies certified by a justice of the peace, of all such parts
of such books, writings, or papers, in their possession or power,
as contain evidence pertinent to the issue, or relative to the matters
in dispute between the parties, to be used as evidence at the trial of
such cause; but before any such order shall be made, the party
making such application shall satisfy the court, on oath or affirma-
tion, that the said books, writings, or papers, contain material and
necessary evidence, and that such party cannot safely proceed to the
trial of his case without the benefit of such testimony.

Id s 21
1807, C 140
Proceeding on
failure of party
to produce
books, etc.
31 Md. S28.

57. In any case where a court of equity may order the produc-
tion of books in the possession of any party in the said court, on
the failure of such party to produce such books so directed to he
produced, by the day therein limited, or to show sufficient cause
for such failure, during the first four days of the succeeding term,
or any other term that may be appointed therefor, the said court
may, in its discretion, take the allegations in the bill of complaint
of the party requiring the production of the said books pro confesso,
and decree ex parte, in such manner as shall appear just and reason-
able.

TESTIMONY AND WITNESSES.

Art. 16, s 140
1779, c 8, s 8
Commission to
perpetuate

58. A commission shall issue to perpetuate testimony, on a bill
for that purpose, before any appearance of the party defendant, to