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The Maryland Code Public General Laws, 1904
Volume 393, Page 422   View pdf image (33K)
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422 CHANCERY. [ART. 16

a proper case for relief. But the court or judge thereof, may,
in all such cases, if it be deemed proper, order that the allega-
tions of the bill or petition, or any of them, be supported by
affidavit or deposition tp be taken as may be directed.
Harrison v. Morton, 87 Md. 677.

1888, art. 16, sec. 128. 1860, art. 16, sec. 116. 1820, ch. 161, sec. 2.

141. Whenever any bill shall charge any matter or thing as
being within the private knowledge of the defendant and shall
pray a discovery, on oath, as to such matter or thing, and an
interlocutory decree, as provided for in the last preceding
section, shall have been entered, and the plaintiff shall satisfy
the court, by affidavit, to be taken in open court and filed in
the cause, that such matter or thing does rest in the private
knowledge of the defendant, and that there is reasonable
ground for believing, prima fade, that such matter or thing
does exist, the said court is authorized and required to order
the bill as to such matter or thing, the same being sufficiently
alleged and charged, to be taken pro confesso, and to proceed
to make a final decree in the case, in the same manner as if
such matter or thing had been proved or admitted by answer.

Ibid. sec. 129. 1860, art. 16, sec. 112. 1799, ch. 79, sec. 5,

142. If any defendant, after appearance and before he puts
in a sufficient answer shall leave the State, or if any non-
resident defendant appears and does not put in a sufficient
answer, the court may order such defendant to answer by a
particular day, and upon his failure to comply with such order,
the bill may be taken pro confesso against such defendant.

Ibid. see. 130. 1860, art 16, sec. 112 1795, ch. 88, sec 1. 1797, ch. 114,
sec. 3. 1799, ch. 79, sec 2. 1820, ch. 161, sec. 3

143. Any defendant against whom an interlocutory decree
shall be entered, and also any defendant against whom an
order to take a bill as to any matter or thing pro confesso may
be passed, may appear at any time before final decree and file
his answer, on oath, to the. bill, which shall be filed forthwith,
or within such reasonable time as the court in its discretion,
and on special cause shown by affidavit, shall appoint; and on
such answer being filed, such proceedings shall be had as
would or might have been had in case such answer had been
filed before the passage of such interlocutory order or decree;
but the court shall impose such terms on the defendant as the
condition of permitting such answer to be filed, as such court


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 422   View pdf image (33K)
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