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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 616   View pdf image (33K)
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616 ARTICLE 16

pointed, then such notice may be given by service of a copy of the bill
as amended upon such legal guardian, committee, or guardian ad litem,
or upon his solicitor, if there be one legally appointed. The mode of pro-
ceeding in default of answer to the matter of the amendment shall be the
same as that in default of answer to the original bill; and the proceeding
on answer or demurrer, filed to the amended bill, shall be the same as that
on answer or demurrer to an original bill.

The defendant is always entitled to notice of an amended or supplemental bill. If
the case is materially varied or new matter introduced, the defendant must answer anew.
Bill held to be substantially varied. Cockey v. Plempel, 86 Md. 185.

As to amendments in equity, see secs. 18 and 182.

An. Code, 1924, sec. 188. 1912, sec. 173. 1904, sec. 164. 1888, sec. 151. 1785, ch. 72, sec. 22.

194. In order to enforce obedience to the process, rules and orders of
the courts of equity, in all cases where any party or person shall be in con-
tempt, for disobedience, non-performance or non-observance' of any process,
rule or order of the court, or for any other matter or thing whatsoever,
whereby or wherein a contempt, according to the rules, law, practice or
course of the said courts may be incurred, such party or person shall, for
every such contempt, and before he shall be released or discharged from
the same, pay to the clerk of the court (to be paid by him at the end of every
six months to the treasurer, for the use of the State), a sum not exceeding
twenty dollars, as a fine for the purgation of every such contempt; and the
said party or person being in court upon any process of contempt or other-
wise, upon the order of the court, shall stand committed and remain in close
custody until the said process, rule or order shall be fully performed,
obeyed and fulfilled, and until the said fine or fines for such contempt
imposed by the said court, and the costs, shall be fully paid.

See notes to sec. 86.

As to attachments for contempt, see sec. 211.

An. Code, 1924, sec. 189. 1912, sec. 174. 1904, sec. 165. 1888, sec. 152. 1844, ch. 219.

195. In all cases in chancery, a rule security for costs may be laid at
any time before a final .decree is passed, by any defendant, against a plain-
tiff, non-resident at the time of filing the bill, or becoming so after the
filing thereof.

Where a final decree has been passed but is subsequently rescinded and the case
directed to proceed as if no decree had been entered, the rule security for costs may
thereafter be laid, although an answer has already been filed. This section distinguished
from art. 24, sec. 9. Watson v. Glassie, 95 Md. 660.

For a case involving the irregular entry of the rule security for costs on the docket;
how the rule should be applied for, who may apply for it and how the right may be
waived, see Hatton v. Weems, 12 G. & J. 84.

The rule of security for costs has relation only to a non-resident plaintiff, and does
not apply to a defendant who, after decree has been rendered in favor of the plaintiff,
files a petition to annul decree. Harris v. Harris, 159 Md. 629.

As to the rule security for costs at law, see art. 24, sec. 9.

An. Code, 1924, sec. 190. 1912, sec. 175. 1904, sec. 166. 1888, sec. 153. 1835, ch. 380, sec. 7.

196. When a court of equity shall require bond, with or without
security, to be given in any case, and the parties concerned therein shall
be numerous, or if it shall appear for other reasons proper, the court may
take such bond in the name of the State as obligee, and the same may be
sued on by any person interested, as public bonds may; and a copy, certified
by the clerk of the court, under the seal thereof, shall be received in evi-
dence, and have the same effect as certified copies of public bonds.

Suit must be brought upon a bond taken as provided in this section in the name
of the state as legal plaintiff; the state, however, has no interest in the bond, and no


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 616   View pdf image (33K)
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