112. Unknown heirs of deceased proper 142. Requisites of answer.

119. Suits begun by bill or case stated. 151. Fine and commitment for con

155. Opinions to be filed, except in 182. No deeree pro confesso against in

Baltimore city.

156. Heirs of mortgagee not necessary 183.

parties to bill for sale of mort

gaged property.

fant or insane defendants. Preliminary decision of question of law.

184.

Special case stated.

157. Proceedings on bill of review by 185. How to be stated.

infant or non compos.

158. Costs on exceptions to answers. 159. Joint and several claims. Who

186. Who may join in.

Sales.

may be sued. Cross-bill by de- | 187. Of mortgaged property. Decree

fendant.

160. When trustees represent persons beneficially interested.

161. Dismissal for misjoinder. Decree between co-defendants.

162. Objection by defendant to bill for want of parties.

163. How objection may be heard. 164. When decrees to be considered enrolled.

165. Correction of clerical mistakes. 166. Petitions for rehearing.

in personam against mortgagor, how obtained.

188. Of real estate on creditor's bill. 189. Claims of creditors, how proven. 190. Sale of vessels or other personal property of joint owners.

191. Recovery of rent in arrear by purchaser.

192. Sale before final decree may be
ordered when.

193. Sale to enforce vendor's lien.
194. Payment of purchase money,
how enforced.

167. Several writs of summons. In 195. Court to fix terms of sale.

what cases to be issued.

168. Attachment for contempt; pro

clamations and sequestration.

169. Enforcement of decrees.

170. Several writs for enforcement of 198. Sale or lease of property for

decrees and orders.

171. Delivery of chattels; how enforced.

172. Proceedings where defendant fails to answer bill for discovery. 173. Attachment to compel appear

ance.

174. Attachment to compel answer. 175. Plaintiff may elect his remedy against defendant in default.

change of investment.

Specific Enforcement of Contracts.

199. When court may not refuse.

Trustee.

200. May be appointed to make sale. 201. Bond of. Report of sale under oath.

176. Court may issue any sort of pro- 202. Confirmation of sale by court

207. Failure of trustee to bond. Pro- 220. Testimony to be read to and

ceedings upon.

208. New trustee appointed by court.
209. Report of sales by trustees.
210. Failure of trustee to report. Pro-
ceedings upon.

211. Resignation of trustee.
made.

How

signed by witness. Exceptions.
221. Return of testimony to court.
222. Testimony to be taken without
delay. Rule return.

223. To lie ten days in court. Waiver
by consent.
224. Depositions de bene esse.

212. Appointment of new trustee. 225. Oral examination by consent in How made. Circuit Court of Baltimore City.

213. Payment to foreign trustees when 226. Special order to take testimony. 227. Commissions to issue to two per

ordered.

214. Payment to other trustees when

ordered.

sons.

228. To one by consent.

215. Release by said trustees to be 229. One only to act on same day.

valid.

Witnesses and Testimony. 216. Examiners. Their duties, powers and compensation.

217. Subpoenas for witnesses.

218. Examinations. How conducted. 219. General question to each witness.

230. Rules for speedy return.

231. Pay of witnesses.

232. Attachment for refusal to attend. 233. Testimony available against de

fendants in default.

234. Court of Appeals may repeal or modify rules in their discretion.

Abatement and Revivor.

P. G. L., (1860,) art. 16, sec. 1. 1820, ch. 161. 1842, ch. 229. 1. No suit in chancery shall abate by the death of any of the parties in cases where the rights involved in the suit survive.

Tilly v. Tilly, 2 Bl. 436. Austin v. Cochran, 3 Bl. 337. Neale v. Hagthorp, 3 Bl. 551. Glenn v. Hebb's Admr., 17 Md. 260. Diffenderffer v. Griffith, 57 Md. 84.

Ibid. sec. 2. 1820, ch. 161, sec. 4. 1844, ch. 44, sec. 2.

2. If any of the parties to a suit in chancery, whether plaintiff or defendant, shall die after the filing of the bill or petition, it shall not be necessary to file a bill of revivor; but any of the surviving parties may file a suggestion of such death, setting forth when the death occurred, and who is the legal representative of such deceased party, and how he is representative, whether by devise, descent or otherwise.

Somerville . Trueman, 4 H. & McH. 43. Burch v. Scott, 1 Bl. 112. Hall v. Hall, 1 Bl. 130. Labes r. Monkur, 1 Bl. 130, note (n.) Owings' Case, 1 Bl. 370. Allen v. Burke, 1 Bl. 544. Griffith v. Bronaugh, 1 Bl. 547. Walsh Smyth, 3 Bl. 1. Glenn v. Clapp, 11 G. & J. 1.

P. G. L., (1860,) art. 16, sec. 3. 1820, ch. 161, sec. 5. 1841, ch. 22, sec. 3.. 1842, ch. 229, sec. 3.

3. Upon such suggestion, a subpoena shall issue for the legal representative of the deceased party, commanding him to appear and be made a party to such suit, if such representative resides in this State; and if such representative is a non-resident, then such notice shall be given, instead of the subpoena, as is provided for non-resident defendants.

Ibid. sec. 4. 1820, ch. 161, sec. 4.

4. Any representative of a deceased party may appear and suggest in writing the death of the party under whom he claims,. and be made a party in place of the person so dying, and proceed with the suit, on giving such notice to the opposite party as the court may direct.

Ibid. sec. 5. 1844, ch. 44, sec. 1.

5. Where an executor or administrator dies who was originally a party, or has been made a party as the representative of a deceased party, the same proceedings as above stated shall be had to make the proper parties; and these provisions are to apply to any series of deaths which may occur to representatives who are parties, or who are made parties in the progress of the

suit.

Ibid. sec. 6. 1797, ch. 114, sec. 4.

6. If any party shall die after a cause has been set down for hearing, or submitted by both parties as ready for decision, the decree may be passed as if such party were alive, he having a solicitor in court; and such decree shall have the same effect as if no death had occurred, except that it shall not be entitled to a preference in the distribution of assets, either real or personal. Brogden v. Walker, 2 H. & J. 285.

Ibid. sec. 7. 1841, ch. 22, sec. 1. 1842, ch. 229, sec. 1

7. If any defendant shall die after a decree for an account, sale or partition, or after such other proceedings have been had after appearance as would have warranted the passing of such decree, or if such deceased defendant shall have answered, confessing the facts stated in the bill, or shall have set up no defence

to the relief therein prayed, the court may in its discretion order the case to be proceeded in as if no death had occurred, or may order a bill of revivor or a supplemental bill to be filed, and the proper representative of such deceased defendant to be a party, as may seem best calculated to advance the purposes of justice; provided, that the heir or other proper representative of such deceased defendant, at any time before final decree, may appear and be made a party on such reasonable terms as the court may direct, and such new party may file an answer to the original bill, subject to such terms as the court may impose, in which he may insist on such defences, and none other, as might have been made if a bill of revivor, or supplemental bill in nature of a bill of revivor, had been filed against him.

Glenn. Clapp, 11 G. & J. 1. Allen v. Burke, 1 Bl. 544. Franklin v. Franklin, 1 Md. Ch. 342. Ridgely v. Bond, 18 Md. 434. Appold v. Pros pect Building Ass'n, 37 Md. 457. Schley's Lessee . M. & C. C. of Balto., 29 Md. 46.

P. G. L., (1860,) art. 16, sec. 8. 1841, ch. 22, sec. 2. 1842, ch. 229, sec. 2.

8. If any of the parties to a suit die after final decree, the court may order execution of such decree as if no death had occurred, or the court may order a subpœna scire facias to be issued, or a bill of revivor to be filed against the proper representatives of such deceased party, or pass such other order or direct such other proceedings as may seem best calculated to advance the purposes of justice; provided, that the heir or other proper representative may appear, at any time before execution of said decree, and be admitted a party to the suit, on such reasonable terms as the court may prescribe, and such further proceedings may be had as may be necessary to a decision of said cause on its merits.

Glenn v. Clapp, 11 G. & J. 1. Allen . Burke, 1 Bl. 544. Franklin .. Franklin, 1 Md. Ch. 342. Ridgely v. Bond, 18 Md. 434. Appold v. Prospect Building Ass'n, 37 Md. 457. Rowland v. Prather, 53 Md. 232. Thomas 4. Thomas, 57 Md. 504.

Ibid. sec. 9. 1820, ch. 161, sec. 6.

9. If any representative of a deceased party shall fail to appear after being summoned, within four days after the return day of the subpoena, or shall fail to appear after notice by publication, the court may order the appearance of such representative