ART. 75.] PRACTICE—PRODUCTION OF BOOKS. 1141

for the defendant as in cases of non suit; and if a defendant shall
fail to comply with such order to produce books or writings, or to
answer any bill of diseovery only, it shall be lawful for the court,
on motion as aforesaid, to give judgment against him by default;
provided, that any plaintiff or defendant may, in compliance
with any rule for producing extracts of such books or papers,
bring into court the original books or papers.

Divers v. Fulton, 8 G. & J. 202. Glenn v. Rogers, 3 Md. 312. Atwell v.
Miller, 6 Md. 10. The Spring Garden Mut Ins. Co. v. Evans, 9 Md 1. Mor-
rison v. Whiteside, 17 Md 453. Browne v. Browne, 22 Md. 103. Eschbach v.
Lightner, 31 Md 533. Magraw v. Munnikhuysen, 35 Md. 291. Tome v. P' R.
R. Co , 39 Md. 36. Rich v. Boyce. 39 Md. 314.

1888. ch. 529.

5. Whenever at the trial, hearing, or any other stage of an
action, suit, petition, cause or matter at law or in equity, it shall
appear to the court that the attendance or testimony of any
person or witness, or the production of any paper, document or
thing not produced by any party is necessary to the purposes of
justice, the court may require any party to produce such paper,
document or thing for inspection by court or jury, or may of its
own motion issue process for the production of such person,
witness, paper, document or thing, and may adjourn or postpone
the trial or hearing, or name a day for the further trial or hear-
ing if the trial has begun, or if a hearing shall already have been
had, in order that such person, witness, paper, document or thing
may attend or be produced, upon such conditions in every case as
to time, notice, cost and security, as the court may deem proper.

P. G. L., (1860,) art. 75, sec. 70. 1825, ch. 208, sec. 2.

96. At the trial of any suit instituted upon the bond of any
clerk or register for neglect of duty, it shall be the duty of the
clerk or register, when required, to exhibit to the court his
dockets, records and fee books, and the measure of damages shall
be the sum or sums he has charged for services he has not per-
formed, unless special damage has been suffered by some person,
and if so, the jury shall, in addition, allow for such special
damage.