1686 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75

time, in any action at law, before the jury retire to consider
their verdict, or in a suit in equity, before the final decree is
signed, be removed by an order in writing signed by the judge
or judges there presiding, to such proper court or docket,
either of equity or law, in the same county or city, as the
nature thereof may require, and thereupon such proceedings
shall be had, by amendment of the pleadings and otherwise,
as shall conform the case to the course of the court to which
the same shall have been removed, under such general or
special rules as each of such courts may prescribe for the
adjustment of costs, the prevention of delay and the promo-
tion of justice.

Summerson v. Schilling, 94 Md. 607. Ins. Co. v. Schall, 96 Md. 226.

Replevin.

1888, art. 75, sec. 108. 1860, art. 75, sec. 59. 1785, ch. 80, sec. 14.
1888, ch. 647.

114. All replevin bonds and retorno habendo bonds may be
given by the plaintiff or defendant, as the case may be, or on
their behalf, and the clerk shall have power to swear all
parties executing such bonds, whether as principals or securi-
ties, as to their pecuniary sufficiency, and may also interrogate
under oath the plaintiff in any replevin touching the value of
the goods and chattets proposed to be replevied, in order to
determine the proper penalty to be named in the replevin bond.
The court, upon return of any writ of replevin, shall have
power, upon motion being made by the defendant for a return
of the property taken under the writ, to inquire into the circum-
stances and manner of the defendant's obtaining possession of
such property; and if it shall appear that such possession was
forcibly or fraudulently obtained, or that the possession being
first in the plaintiff was got or retained by the defendant with-
out proper authority or right derived from the plaintiff, the
court may refuse to order a return to the defendent until a
judgment is given in the action.

Montgomery v Black, 4 H. & McH. 391. Cullum v. Bevans, 6 H. & J.
471 Glenn v. Fowler, 8 G & J. 340. Norfolk & Western R. R. v. Hoover,
79 Md 254.

Ibid sec 109. 1860, art. 75, sec. 60. 1825, ch. 65, see. 2. 1852, ch 336

115. If the defendant in replevin shall be returned " sum-
moned," and shall not appear in person or by attorney on or
before the fourth day of the term next succeeding that to
which such return shall be made, the court shall, on motion,