tion, shall remain to the credit of the cause in which the injunction issued, and in the event of final judgment in favor of the party injured, so much thereof as the court may adjudge, shall go to him, and the remainder go as other fines do; and the court may imprison for non-compliance with their order to pay such fine, and may issue execution, in the name of the State, for its collection.

Albert v. Winn, 5 Md. 79.

P. G. L., (1860,) art. 16, sec. 53. 1785, ch. 72, sec. 28. 1876, ch. 224. 65. If any person under attachment for violating an injunction shall establish his innocence of the charge, he shall be discharged with his costs, which shall be paid by the party complaining.

Ibid. sec. 54. 1793, ch. 75, sec. 3.

66. Whenever an application shall be made by an executor or administrator for an injunction to stay proceedings at law, the court may, in its discretion, prescribe the penalty of a bond, which shall be executed to the plaintiff at law, with security approved by the court, before the injunction shall be granted, and the condition of such bond shall be, to perform such order or decree as the court shall finally pass in the cause on the hearing of both parties; and whenever an injunction is obtained by an executor or administrator, on filing a bill and executing a bond as aforesaid, the court shall have full power and discretion to decree against such executor or administrator, as equity and good conscience shall seem to require.

Ibid. sec. 55. 1799, ch. 79, sec. 10.

67. In all cases where a sheriff, or other officer, is prevented by an injunction from selling personal property taken in execu-tion, he shall deliver back the property taken in execution to the party from whom it was taken, and shall not be answerable to the plaintiff at law on account of the same.

Slusser v. Chapline, 4 H. & McH, 222. Dail v. Traverse, 8 Gill, 43.

Cape Sable Co.'s Case, 3 Bl. 637.

1835, ch. 380, sec. 8. 1861, ch. 32. 1872, ch. 157.

68. In all cases pending on motion to grant an injunction, motion to dissolve an injunction, motion to appoint a receiver,

or motion to rescind an order appointing a receiver, the court may, at the instance of either party, order testimony to be taken before such person, and upon such notice and in such manner as the court in its discretion may direct, to be used at the hearing of such motion.

Lamborn . Covington Co., 2 Md. Ch. 412. Hamilton . Whitridge, 11 Md. 128. Keighler v. Savage Manfg. Co., 12 Md. 413. Bouldin v. Mayor & C. C., 15 Md. 18. Bell v. Purvis, 15 Md. 22. Steigerwald . Winans, 17 Md. 62. Colvin v. Warford, 18 Md. 275. Griffith e. Clarke, 18 Md. 457. Belt v. Black-C. o. Warren Manfg. Co., 59 Md. 96.

burn, 28 Md. 227. Mayor & C.

1888, ch. 260.

69. No court shall refuse to issue a mandamus or injunction on the mere ground that the party asking for the same has an adequate remedy in damages, unless the party against whom the same is asked shall show to the court's satisfaction that he has property from which the damages can be made, or shall give a bond in a penalty to be fixed by the court, and with a surety or sureties approved by the court, to answer all damages and costs that he may be adjudged by any court of competent jurisdiction to pay to the party asking such mandamus or injunction by reason of his not doing the act or acts sought to be commanded, or by reason of his doing the act or acts sought to be enjoined, as the case may be.

Jurisdiction.

P. G. L., (1860,) art. 16, sec. 56. 70. The judges of the several judicial circuits and the judgeof the circuit court of Baltimore city, shall each, in his respective circuit, have and exercise all the power, authority and jurisdiction which the court of chancery formerly held and exercised, except in so far as the same may be modified by this code.

1852, ch. 16, sec. 1. 1853, ch. 122, sec. 2.

White .

Carroll v. Lee, 3 G. & J. 504. Brown v. Wallace, 4 G. & J. 493. White, 7 G. & J. 208. Amelung v. Seekamp, 9 G. & J. 468. Manly v. State, 7 Md. 146. Earle v. Turton, 26 Md. 23.

Ibid. sec. 57. 1852, ch. 16, secs. 2-4.

71. Each of the circuit judges may grant injunctions, or pass. orders or decrees in equity, at any place in his circuit, to take effect in any part of his circuit, and may require in writing the

original papers in any case, or abstracts and transcripts to be produced before him, wherever he may be in his circuit.

P. G. L., (1860,) art. 16, sec. 58. 1852, ch. 16, sec. 5. 1870, ch. 450, sec. 1.

72. Whenever lands lie partly in one county and partly in another, or partly in a county and partly in the city of Baltimore, or whenever persons proper to be made defendants to proceedings in chancery reside, some in one county and some in another, or some in a county and some in the city of Baltimore, that court shall have jurisdiction in which proceedings shall have been first commenced; provided, that all proceedings for any partition of real estate, to foreclose mortgages on land, or to sell lands under a mortgage, or to enforce any charge or lien on the same shall be instituted in the court of the county or the city of Baltimore where such lands lie; or if the lands lie partly in one county and partly in another, or partly in one county and partly in the city of Baltimore, then such proceedings may be commenced in either county or in the city of Baltimore; provided, that in case of any sale of lands under a decree of a court in any county where part only of the lands lie, a copy of the bill, decree and trustee's report of sale, and in case of partition of real estate, a copy of the bill and the final decree of partition, certified under the official seal by the clerk of the court in which the proceedings were commenced, shall be filed in the clerk's office of the court of the county, or of the city of Baltimore where any other part of such lands shall lie; and on receipt of such copies by the clerk of such court, it shall be his duty forthwith to docket and index the said bill and other proceedings in his chancery docket, and to record the same as though said cause had originated in his court. When the defendants, or any of them, reside in a different county from that in which the land lies which is to be affected by a suit, the circuit court for the county (or Baltimore city,) where the land or any part thereof lies, shall alone have jurisdiction; and process may be sent to the county or counties wherein the defendants respectively reside, to be served by the sheriff of such county or counties upon the defendants named therein, and returnable as directed in the summons.

Johnson v. Johnson, 52 Md. 668.

P. G. L., (1860,) art. 16, sec. 59. 1852, ch. 16, secs. 5-6.

73. Where defendants reside in different counties or in a county and the city of Baltimore, the court, where any one of the defendants resides, shall have jurisdiction, and the bill or other proceedings may be filed or had in such court.

Ibid. sec. 60. 1840, ch. 109, sec. 6. 1841, ch. 303. 1870, ch. 450, sec. 2. 74. In case of the lands of any deceased person which may lie in more than one county, or in the city of Baltimore, and one or more counties, becoming liable to the payment of his debts, or where lands have been or may be mortgaged which lie in more than one county or in the city of Baltimore and one or more counties, then all such lands may be sold under a decree of the court of that county or of the city of Baltimore, in which the proceedings to sell the same shall be first commenced, and in such case a copy of the bill, decree, and trustee's report of the sale shall be sent to the clerks of the proper courts where such lands may respectively lie, to be docketed, indexed and recorded, as provided in section 72.

Johnson v. Johnson, 52 Md. 668.

Ibid sec. 61. 1787, ch. 30. 1852, ch. 16.

75. Where all the defendants are non-residents, the bill shall be filed in the court of the county or city where the property to be affected by such bill, or some part thereof, lies, or shall be at the time the suit is instituted.

Ibid. sec. 62. 1785, ch. 72, sec. 13. 1841, ch. 303. 1852, ch. 16.

76. Where a decree has been made for the specific performance of a contract, or the conveyance of land, or for the sale of land, the court passing such decree shall have the same power to execute said decree, or compel a compliance therewith in cases where the land or property lies, or parties reside in different counties from that in which the decree was passed, as if the said parties resided, or land or property lay in the county where the decree was passed.

Ibid. sec. 64. 1840, ch. 109, sec. 4.

77. Whenever any cause is ready for hearing, and the parties, their solicitors or guardians, shall sign an agreement and file it

with the clerk, that the case be submitted for decision to the judge of the court where the suit is pending, such judge shall pass a decree, and such decree shall have the same effect as if passed at the regular term of the court.

P. G. L., (1860,) art. 16, sec. 65. 1818, ch. 193, sec. 9.

78. Where a sale has been made by an executor under a supposed authority derived from a will, the court may, at its discretion, confirm such sale, on hearing the parties interested, or ex parte, in cases where a bill might be taken pro confesso. Eichelberger v. Hawthorne, 33 Md. 588.

Ibid. sec. 66. 1785, ch. 72, sec. 4.

79. Where any person dies and leaves real or personal property to be sold for the payment of debts, or other purposes, and shall not appoint any person to sell and convey the same, or if the person appointed dies, or neglects or refuses to execute such trust, the court, upon the petition of any person interested in the sale of such property, may appoint a trustee to sell and convey the same, and apply the money arising from the sale to the purposes intended.

Magruder o. Peter, 4 G. & J. 323. Winder v. Diffenderffer, 2 Bl. 172. Campbell's Case, 2 Bl. 209. Deakin's Case, 2 Bl. 398. Connor v. Ogle, 4 Md. Ch. 425. Albert v. Savings Bank, 2 Md. 159. Howard v. Waters, 19 Md. 529. Davis v. Clabaugh, 30 Md. 508. Eichelberger v. Hawthorne, 33 Md. 588. Dorsey v. Dorsey, 37 Md. 64. Fulton v. Harman, 44 Md. 251. Hewitt's Appeal, 55 Md. 509. Keplinger. Maccubbin, 58 Md. 203. Wilcoxon v. Reese, 63 Md, 542. Shriver's Lessee v. Lynn, 2 Howard, 43.

Ibid. sec. 67. 1785, ch. 72, sec. 13. 1826, ch. 159.

80. In all cases where the court shall decree that a deed of any kind shall be executed, a trustee to execute such deed may be appointed, and until such trustee shall execute a deed, the decree itself, if passed in the county where the land lies, shall have the same effect that the deed would if executed; but if passed in another county, the decree shall have that effect if recorded in the county where the land lies within six months from the date thereof.

Worthington v. Lee, 61 Md. 530. Sanders v. McDonald, 63 Md. 503.