| 1787.
CHAP.
XXX.
In any suit
commenced
against persons
out of
this state,
court may
make an order,
&c. |
LAWS of MARYLAND.
II. Be it enacted,
by the general assembly of Maryland, That if in any suit which
shall be hereafter commenced in chancery against any defendant or defendants
who resides out of this state, to compel the conveyance of land, or real
or personal
property, being in this state, or for compliance with any contract respecting
land, or real or personal property, in this state, on affidavit being made
to the
satisfaction of the court, that such defendant or defendants is or are
out of this
state, and that personal notice has been served on the defendant or defendants,
or
that notice of filing such bill hath been given ten weeks in the public
news-papers
of the state or kingdom where the defendant or defendants may reside,
then and in such case the said court may make an order, directing and appointing
such defendant or defendants to appear at a certain day therein to
be named, and
a copy of such order shall forthwith be inserted in the Maryland Gazette,
and
continued therein four weeks, and if such defendant or defendants shall
not appear
within the time limited by such order, then on proof being made of such
publication of such order, the court, being satisfied of the truth thereof,
may
order the bill of the plaintiff to be taken pro confesso, and make
such decree
thereupon as shall be thought just, and may thereupon issue such process
thereon
as may be necessary and are usual in other cases where decrees have been
made,
the plaintiff or plaintiffs giving such security as the said court shall
direct, touching
the restitution of such land, or real or personal property, (as the case
may be)
and as the said court shall think proper to make concerning the same, upon
the
appearance of the defendant or defendants to defend such suit. |
| Proviso. |
III. Provided
always, If any decree shall be made in pursuance of this act
against any person or persons being out of this state at the time such
decree is
pronounced, and such person or persons shall, within two years after making
such
decree, come into this state, or in case any defendant, against whom such
decree
shall be made, shall, within two years after making such decree, happen
to die
before his or their coming to this state, and the heir or representative,
being of
age, shall come into this state within two years after such death, or if
such heir
or representative be an infant, feme-covert, or non compos mentis, come
into this
state within two years after such disability removed, shall not, within
six months
after such coming into this state, appear and petition to have the cause
reheard,
such decree so as aforesaid made, shall stand confirmed; but if any person
or
persons interested or affected by the said decree as aforesaid, shall appear
and give
security to pay the costs incurred by the plaintiff or plaintiffs in the
said suit,
within the term of six months after their said coming into this state as
aforesaid,
the same proceedings shall be had for the determination of the said suit
as if the defendant
or defendants, or other persons interested therein, had originally appeared
to the said suit, and no former decree had been made; and if such defendant
or
defendants, their heirs, executors or administrators, or any person or
persons
claiming under them, or any person or persons interested in the said decree,
shall
neglect to file their petition as aforesaid within the time limited as
aforesaid, after
coming into this state, then such decree, made as aforesaid, shall stand
absolutely
confirmed. |
|
Chancellor
may hear disputes,
&c. |
IV. And,
whereas disputes may arise between the purchasers of confiscated
British property and the state, respecting their contracts and purchases,
Be it therefore
enacted, That the chancellor shall have full power and authority
to hear and
determine all such disputes, by making the attorney-general a party, who
shall
appear to, answer and defend, the said suit on behalf of the state,
and upon hearing
may make such order and decree therein as shall be agreeable to equity
and justice,
and the same proceedings shall be had, and the same rules of decision shall
prevail, as in disputed cases between individuals. |
And allow
guardians,
&c. a commission,
&c. |
V. And be it
enacted, That the chancellor shall have full power and authority
to allow any guardians, trustees, agents or factors, who shall make disposition
or sale of either real, personal, or mixed property, for the purpose of
paying
the debts of deceased persons or others, under and in virtue of any
order or decree
of the chancery court, a commission from one per cent. to seven
and an half
per cent. for their trouble in selling and disposing thereof, and
paying the same |
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