LAWS OF MARYLAND-1818.

701

SEC. 9. And be it enacted, That where sales have been or
shall be made by executors, under a supposed authority derived
from a will, the chancery court, and the county courts as courts
of equity, shall have a discretionary power to confirm such
sales on hearing, or in cases where bills may be taken pro con-
fesso.

Sales by
ex'ors under
supposed
power may
be con-
firmed.

SEC. 10. And be it enacted, That widows shall not be enti-
tled to dower in lands held by equitable title hi the husband,
unless the same be devised by a will made before the passage
of this act ; but such right of dower shall not operate to the
prejudice of any claim for the purchase money of such lands,
or other lien on the same ; and tenants by the courtesy shall be
entitled for life to lands held by equitable title, but not to the
prejudice of any claim for the purchase money of such lands or
other lien on the same.

Widows
entitled to
dower in
lands held
by equitable
title in the
husband —
when.

SEC. 11. And be it enacted, That the provisions of the fifth
section of the act of seventeen hundred and ninety-seven,
chaptenone hundred and fourteen, concerning partition, be ex-
tended to cases where all the persons reside out of the state.

Partition as
under 1797,
may be in
cases where
all are non-
residents.

SEC. 12. And be it enacted, That in case of lands in this
state descending to minors residing out of this state, on a bill
filed by the prochein ami of any such minor, the said courts
may issue a commission to three persons in the state where the
infants reside, authorizing them, or any two of them, to go to
the infant or infants, and appoint a guardian, for the purpose of
answering and defending the suit, and authorizing them to take
and return such answer, and on return of the same, there may
be the same proceedings as if the infant defendants had been
regularly summoned, and had been heard by a guardian ap-
pointed by the court.
See 1832, ch. 302.

Non-resi-
dent minors
may answer
by guardian
a bill filed
by their
prochein
ami relating
to lands of
such minors
as if
residents.

SEC. 13. And be it enacted, That the said courts may decree
a sale of such lands, if it shall appear to be for the benefit and
advantage of such infants, and may order or not, in their discre-
tion, a commission to take depositions in the case, as to them
shall appear necessary, and upon such terms as they may judge
right and proper.

Courts may
decree a
sale of such
lands if it
shall appear
to be for
benefit of
such infants

SEC. 14. And be it enacted, That when on appeal from any
decree in the chancery court, or a county court as a court of
equity, it shall appear that the proper parties have not been
made, the court of appeals may, in their discretion, either
reverse such decree without prejudice to another bill, or award
a new trial on such terms as the court may deem equitable, spe-
cifying in the order for a writ of procedendo, the parties to be
made, and the decree to be made thereon shall not be liable to
reversal for the want of any other parties that may be alleged.

In case of
appeals
where pro-
per parties
have not
been made,
court of ap-
peals may
either re-
verse de-
cree or
award a
new trial.