1820.

LAWS OF MARYLAND.

CHAP. 161.

dants, or any of them, and shall pray a discovery on oath as to
such matter or thing, and an interlocutory decree as provided for
in the said section shall have been entered, and the complainant
or complainants or any of them, shall satisfy the court, by affi-
davit to be taken in open court and filed in the cause, that such
matter or thing does rest in the private knowledge of the defen-
dant or defendants, or some of them, and that there is reasonable
ground for believing prima facie, that such matter or thing does
exist, the said court shall be and herein is authorised and requir-
ed 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 on a commission, or ad-
mitted by answer.

Defendant may
file his answer
on oath, &c.

3. Provided always, And be it enacted. That any defendant
against whom an interlocutory decree shall be entered under the
provisions of this act, and also any defendant against whom an
order to take a bill as to any matter or thing pro confesso, may ap-
pear at any time before final decree, and file his, her or their an-
swer, on oath, to the bill, which shall be filed forthwith, or with-
in such reasonable time as the court, in its discretion, and on spe-
cial cause shewn by affidavit, shall order and appoint; and on
such answer or answers being filed, such proceedings shall be had
as would or might have been had in case such answer or answers
had been filed before the passage of such interlocutory decree,
but the court shall be and hereby is authorised and required, to
impose such terms on the defendant or defendants, as the condi-
tion of permitting such answer or answers to be filed, as such
court may in its discretion, under all the circumstances of the case,
judge reasonable, and proper for avoiding; delay or expense, and
for the attainment of justice; and the filing of such answer
or answers shall in no case affect the validity of any commission
previously issued to take testimony, or of the proceedings, or any
of them, under such commission, or of any testimony previously
taken and returned under any such commission.

After filing bill if
either of the par-
ties should die,

not necessary to

file a bill of revi-
vor, &c.

4. And be it enacted, That whenever, after the filing of any bill
in the chancery court, or in any county court exercising chance-
ry powers, either or any of the parties shall die or shall have
died, it shall not he necessary to file a bill or revivor for or against
the legal representative or representatives of such party or par-
ties, in order to make them parties to such bill; but such repre-
sentative or representatives may come, in by solicitor or in person
and suggest the death of his, her or their testator, intestate, de-
visor or ancestor, as the case may be, and pray to he made party
or parties instead of the deceased, whereupon the court, on being
satisfied that such testator, intestate, devisor or ancestor, is dead,
and that such applicant or applicants are his or her legal repre-
sentative or representatives, by descent, devise, or otherwise, shall
be and hereby is authorised and required to admit such applicant
or applicants as party or paries to the suit, in place of the de-
ceased, and to proceed in the cause in all respects as if such new
party or parlies had been made, on bill of revivor and answer,
such reasonable notice of such admission as the court shall direct
being first given to the opposite party or parties, if residing or