286

examination will tend to connect such party with the commission of fraud, but such answers cannot be used as evidence against said persons in any criminal action or proceeding based upon such fraud.

1890, ch. 558.

87 E. Under the proceedings provided in the three preceding sections, the court, in its discretion, shall grant relief unto said judgment creditor by orders in the nature of injunction, decree for specific performance, writ of mandamus, or for the appointment of a receiver, and shall pass such orders as will subject said. property or credits of said judgment debtor, either in his own hands or in the hands of any person or corporation, to the operation and effect of the judgment.

Ibid.

87 F. Any person who refuses or without sufficient excuse neglects to obey any order of the court made pursuant to any of the four preceding sections and duly served upon him or an oral direction given directly to him in open court in the course of the proceedings therein provided, or to attend before the court or before a commissioner or examiner according to the command of an order or summons duly served upon him or to answer any lawful question propounded to him by such court, commissioner or examiner, may be punished by the court by which such order or summons was issued for a contempt.

Legal Sufficiency of Evidence.
1894, ch. 516.

87 G. If the defendant in any action at law in contract or in tort shall, at the close of the plaintiff's evidence, and before offering any evidence or defense, pray the court to instruct the jury that the plaintiff in such action has offered no evidence legally sufficient to entitle the plaintiff to recover, or a prayer to the same effect, and the court shall reject such prayer, the defendant shall not be precluded from offering evidence of defense, but any defendant in such action may offer evidence of defense as fully and to the same extent as though such prayer had not been offered.

Possession-Writs of.

1890, ch. 635.

88. Whenever any lands or tenements shall be sold by any sheriff, constable, coroner or elisor, by virtue of any process or execution from any court or justice of the peace of this State, or by any trustee under decree of any court of this State, by any trustee by appointment of any insolvent court, by any trustee under any voluntary deed of trust, by any mortgagee under any power in any mortgage, by any executor or executors or any other person under any power in a will, and the debtor named in such execution or decree, the insolvent grantor or mortgagor in said deed of trust or mortgage, or any person holding under said debtor, insolvent grantor or mortgagor by title subsequent to the date of the judgment decree, insolvent proceedings, deed of trust or mortgage respectively, or any person claiming under the devisor of said will shall be in actual possession of the lands and tenements sold and shall fail or refuse to deliver possession of the same to the purchaser thereof, excepting, however, case of tenancies created in the lifetime of the devisor which shall be fulfilled as now allowed by law, the judge of the circuit court for the county in which said lands or tenements may be situate, or if situate in the city of Baltimore, the judge of the Circuit Court, the Superior Court, the Court of Common Pleas or the Baltimore City Court shall on application in writing to be verified by the affidavit of the purchaser or his attorney, unless good cause to the contrary be shown by the party in actual possession as aforesaid, his agents or attorneys or other persons concerned, within not less than fifteen days or more than thirty days from the filing of such application as aforesaid, issue a writ in the nature of a writ of habere facias possessionem, reciting therein the proceedings which may have been had in said process, thereby commanding the sheriff of the county, coroner or elisor to deliver possession of the said lands and tenements to the purchaser thereof, and in cases of sales made by virtue of power contained in wills, the judge shall grant such writs if it appear on such application that the contract of tenancy entered into between the devisor and tenant in possession has expired, and in cases where the purchaser has entered into an agreement with the person in actual possession of such lands and tenements at the

time of such sale to permit such person to remain in possession for a limited period, the judge shall grant the said writ if it appears in said application that the period limited by such agreement between the purchaser and the person in possession has expired; and should the party so evicted by writ of habere as aforesaid re-enter upon said property or any part of the same without the consent of the purchaser, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, either before a justice of the peace or in the circuit court of any county for the State, or the Criminal Court of Baltimore, he shall be fined not more than one hundred dollars, or imprisoned not more than sixty days, or both fined and imprisoned in the discretion of said justice or court.

Removal of Cases from Courts of Law to Courts of Equity
and Vice Versa.
1896, ch. 229.

107 A. In every case at law or in equity in which it shall appear that the plaintiff is entitled to some relief or to some remedy, but not in the particular court, or on the side of the court in which the suit is brought or the relief is prayed, the plaintiff shall not on that account be non-suited or the case dismissed; but the case may, in the discretion of the judge presiding in the court in which the suit is pending, at any time, in any action at law, before the jury retire to consider their verdict, or in a suit in equity, before the final decree is signed, be removed by an order in writing signed by the judge or judges there presiding, to such proper court or docket, either of equity or law, in the same county or city, as the nature thereof may require, and thereupon such proceedings shall be had, by amendment of the pleadings and otherwise, as shall conform the case to the course of the court to which the same shall have been removed, under such general or special rules as each of such courts may prescribe for the adjustment of costs, the prevention of delay and the promotion of justice.

Special Findings of Facts.
1894, ch. 185.

Repeal

115 A. In all cases where issues of fact are submitted to a jury, the court may in its own discretion, or shall at the request 1400

Ch.641.

of either party, require the jury, in addition to rendering a general verdict for the plaintiff or defendant, to find specially upon any particular questions of facts, material to the issues on trial, which questions shall be in writing; and in all cases at law where issues of facts are tried before a court without a jury, the said court, at the written request of either party, find specially upon any question of facts which it may deem necessary to be determined in order to arrive at its verdict. All such special findings of facts, whether by the jury or by the court, shall be in writing, and must be filed with the clerk as part of the record of the case, and in civil cases where a special finding of facts shall be inconsistent with the general verdict rendered at the same trial, the former shall control the latter and the court must give judgment accordingly; but nothing herein contained shall limit the court's power to grant a new trial or to arrest judgment on motion.

Balto. Traction Co. v. Appel, 80 Md. 611. B. & O. R. R. Co. v. Cain, 81 Md. 105. Dorsey v. Habersack, 84 Md. 128.

PROCESS.

1898, ch. 255.

132. No person shall be sued out of the county in which he resides until the sheriff or coroner of the county in which he resides shall have returned a non est on a summons issued in such county; provided, that nothing herein contained shall apply to any person who shall abscond from justice in the county where he lives, but such person may be sued in any county where he may be found; and provided, further, that any person who resides in one county but carries on any regular business, or habitually engages in any avocation or employment in another county, may be sued in either county, whether before a justice of the peace or in a court of law or equity; this section not to apply to ejectment, dower, replevin, scire facias on judgment or decree, nor to heirs, devisees or terretenants, against whom process may be issued to another county.

1. What public general laws shall be | 3. Appropriation therefor; proviso. published.

1894, ch. 15.

702 1.561.

1. Every public general law which is made to take effect before the first day of June next after the session at which it shall be passed, which the Governor and attorney-general shall direct, shall, immediately after its passage, be published at the expense of the State, daily for one week in three daily newspapers of the city of Baltimore, one of which shall be in the German language, and one of which shall be a law paper, and such newspaper or newspapers in each county as the President of the Senate and the Speaker of the House of Delegates may designate.

Ibid.

3. The treasurer, upon the warrant of the comptroller, shall pay to the publishers of the newspapers in which the public general laws shall have been published in conformity with the provisions aforesaid, the compensation to which they may be respectively entitled for publishing said general laws; the said warrant shall be issued within six months from the time of publications aforesaid; provided, however, that not more than six hundred dollars shall be paid for the publication of said laws in any one county, and not more than six hundred dollars shall be paid. to each of the three papers for the publication of said laws as aforesaid in the city of Baltimore.