ART. 65. ] PROCEEDINGS IN EQUITY.

643

the return of such commission, unless the defendant shall have
obtained leave to answer, and the court shall consider further time
necessary.

under ex parte
com mission
33 Md 18,
12 G & J 83, 477

70. Where some of the defendants have answered, and some are
in default for not appearing or answering, and the testimony has
been taken under the commission issued in the cause, as may be
done without issuing an ex parte commission, the case may be set
down for final hearing at any time after the return of the commis-
sion, with the assent of the defendants who have answered, unless
the defendants in default shall have obtained leave to answer, and
the court shall consider further time necessary.

Id s 101
1846, c 60, s 2.
When some of
defendants are
in default
7 G & J 275,
2 Bl 26.

71. Whenever any cause is ready for hearing, and the parties,
their solicitors, or guardians, shall sign an agreement and file it with
the clerk, that the case be submitted for decision to the judge of the
court where the suit is pending, such judge shall pass a decree, and
such decree shall have the same effect as if passed at the regular
term of the court.

Id 8 64
1840, c 109, s. 4
Decree on sub-
mission.

72. In all causes in the courts of equity it shall be the duty of
the said court to file their opinions for or in respect of any final
decree or decretal order, whenever such decree or order shall have

Id s 110.
1832, c 302, s 6,
1874, c 312
Opinions

passed upon argument, oral or in writing, on the part of any of the
parties in such cause. This section shall not apply to the city of
Baltimore.

EXECUTING, OR COMPELLING OBEDIENCE TO DECREE OR ORDER.

Not to apply to
Baltimore city.

73. The court may, for the purpose of executing a decree, or to
compel the defendant to perform and fulfil the same, issue attach-
ment of contempt, attachment with proclamations and sequestration
against the defendant, and may order an immediate sequestration
of the real and personal estate and effects of the defendant, or such
parts thereof as may be necessary to satisfy the decree and clear
the contempts, or may issue a fieri facias against the lands and
tenements, goods and chattels of the defendant, to satisfy the said
decree; or may issue an attachment by way of execution against
the lands, tenements, goods, chattels, and credits of the defendant,
to satisfy the said decree; or the court may cause, by injunction,
the possession of the estate, and effects whereof the possession or a
sale is decreed, to be delivered to the plaintiff, or otherwise, accord-
ing to the tenor and import of such decree, and as the nature of the
case may require; and, in case of sequestration, the court shall
order payment and satisfaction to be made out of the estate and
effects so sequestrated, according to the true intent and meaning of
the decree; and, in case any defendant shall be arrested and brought
into court upon any process of contempt issued to compel the per-
formance of any decree, the court may, upon motion, order such
defendant to stand committed, or may order his estate and effects
to be sequestrated, and payment made as above directed, or posses-
sion of his estate and effects to be delivered, by injunction as above

Art 16, 8 118
1773, c 7, s 3,
1785, c 72, ss 19,
20, 25, 20, 1818,
c 193, s 4
Execution of
decree.
8 Md 254. 25
Md 101, 26 Md.
412, 1H & J
370, 3 B1 606.