892

LAWS OF MARYLAND.— 1626.

of such postponement to be given to the plaintiff, or his or their
attorney or agent, if neither shall have attended; and on the
consideration of every such application, the judge shall have
full power to decide, whether any, and if any, what description
and amount of bail shall be given by the petitioning defendant;
to decide on the sufficiency and accept of special bail for such
defendant in the action; to order the defendant to be discharged
on common bail, or without bail, if no sufficient cause shall be
produced for holding him to bail, and on his executing a power
to some attorney of the court to appear for him on the return of
the writ; and generally to do all other acts in relation to the
application of the prisoner, the cause of action, the sufficiency,
perfecting and justification, of bail, and the release of such pri-
soner, as if such judge were sitting in court; and all the acts
of such judge, and all matters so transacted before him, shall
be certified under his hand, and returned to the clerk of the
county court to which the writ, under which the petitioner shall
have been arrested, shall be returnable, and be filed with the
other proceedings in such action, and shall in all respects, and
to all intents and purposes, be as valid, binding and effectual,
as if performed during the regular term in open court.

CHAPTER 222.

* 1785, ch.
72.

A further SUPPLEMENT to the ACT,* entitled, an Act for enlarging the
power of the High Court of Chancery.
Other acts, 1829, ch. 159.

Commis-
sions to take
testimony.

SEC. 1 . Be it enacted, by the General Assembly of Maryland,
That all commissions which shall hereafter be issued to take
testimony in causes depending in the high court of chancery, or
county courts sitting as courts of equity, shall be issued and
directed to two persons to be named and appointed by the said
court or courts, or any judge thereof, instead of being issued to
four commissioners in the manner now prescribed by law.

Outstand-
ing commis-
sions may
be returned.

SEC. 2. And be it enacted, That upon the application of either
party, complainant or defendant, in any case depending in the
said court, where a commission is now outstanding and unexe-
cuted, and upon affidavit that the same is not intended for delay,
the chancellor, or said courts, or any judge thereof, may order
that the said outstanding commission be returned, and a new
one issued to the said commissioners.

Rules to be
prescribed.

SEC. 3. And be it enacted, That with a view to the speedy
execution and return of the said commissioners, and to facilitate
the administration of justice, the chancellor or said courts, or
any judge thereof, shall prescribe such rules as the nature of
the case may require.