618 ARTICLE 16

An. Code, 1924, sec. 196. 1912, sec. 181. 1904, sec. 172. 1888, sec. 159. Rule 28.

202. In all cases where the plaintiff may have a joint and several claim
or demand against several persons, either as principals or sureties, it shall
not be necessary to bring before the court, as. parties to a suit concerning
such claim or demand, all the persons liable thereto; but the plaintiff may
proceed-against one or more of the persons severally liable. But the defen-
dant may at once proceed by petition in the nature of a cross-bill, against
such party as is liable jointly with him, and such party shall be permitted
to make himself a party to the original cause, and defend the same, and the
proceedings in the original cause shall, after the service of such petition, be
conclusive as to such other party, and if he shall appear thereto, the same
shall be conducted as if he had been made a party thereto in the first
instance.
Secs. 202 to 206 referred to—see notes to sec. 203. Brown v. Scott, 138 Md. 240.

An. Code, 1924, sec. 197. 1912, sec. 182. 1904, sec. 173. 1888, sec. 160. Rule 29.

203. In all suits concerning real or personal estate, where the entire
estate sought to be affected by the decree or order prayed for is vested
in trustees, under any deed, will, or other instrument, with an immediate
and unqualified power of sale, coupled with the right to give receipts, such
trustees shall represent the persons beneficially interested under the trust,
in the same manner and to the same extent. as the executors or adminis-
trators in suits concerning personal estate represent the persons beneficially
interested in such personal estate; and in such cases it shall not be necessary
to make the persons beneficially interested under the trust, parties to the
suit. But any party interested may, upon his own application, be allowed
to come in and be made a party to such proceeding, and the court or judge
thereof may, upon consideration of the matter on the hearing, if it should
be deemed proper, order such persons, or any of them, to be made parties.

A bill by church trustees to. prevent the diversion of church property to improper
purposes, to recover possession of the property and to set aside a deed, held not multi-
farious either as to misjoinder of parties or subject matter. Parties. Jurisdiction of
equity. Brown v. Scott, 138 Md. 240.

The terms employed in creating a trust, held to bring it within the operation of this
section. Testamentary trustees, the only necessary parties. McDevitt v. Bryant, 104
Md. 191.

This section referred to as illustrating statutory authority for the representation of
absent persons in equity. The constitutionality of this section has never been called in
question. Kingan Packing Co. v. Lloyd, 110 Md. 626.

In bill by beneficiary against trustee to compel payment of trust fund created by will,
held that it was not necessary to join as parties beneficiaries who ,had remote contingent
interests in fund. Safe Dep. & Tr. Co. v. Hutton, 159 Md. 50.

Trustees do not, as general principle, represent their cestuis que trustent in suits re-
specting the trust property but represent the beneficiaries, who may be made parties
upon application. Cottman v. Trust Co., 169 Md. 595.

As to trustees, see sec. 256, et seq.

An. Code, 1924, sec. 198. 1912, sec. 183. 1904, sec. 174. 1888, sec. 161. Rule 31.

204. It shall not be necessary to dismiss the entire bill or petition in
any suit, because simply of the misjoinder of parties or the subject-matter
of the suit; but the court may dismiss the bill or petition, as to such of the
parties, plaintiff or defendant, as may be improperly joined, and may
dismiss the bill or petition as to such of the subject-matter as may be
improperly joined or included therein, so as to relieve the bill or petition
of the objection of being multifarious.. And the court may, according to
the special circumstances of the case, to meet the requirements of justice,
and to prevent a multiplicity of suits, decree as between the plaintiffs, as