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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 1093   View pdf image (33K)
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LAWS OF MARYLAND.— 1832.

1093

CHAPTER 302.

 

A SUPPLEMENT to the ACT,* entitled, an Act to define and enlarge the
Powers of Courts of Equity.

*1785, ch.
72.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That from and after the passage of this act, it shall not be law-
ful for the register of the court of chancery, to permit any per-
son or persons to take out of the chancery office, any papers
filed in said office, unless by virtue of a general order of the
chancellor or an order or requisition of the court of appeal.

Register
lorbid to al-
low papers
to be
taken from
his office.

Without
order.

SEC. 2. And be it enacted, That the said register be, and he
is hereby required, at the request and cost of any of the parties
in a proceeding in chancery, to record any bill, petition, answer
or other pleading, and any paper whatsoever filed therein or
returned with any testimony in the course of such proceedings;

Register di-
rected to
record, on
application,
&c.

and a copy from the record of the writing so recorded, shall, in
case of the loss of said writing, have the same effect in said
proceeding as the said writing; Provided, the said writing be
not an instrument or the copy of an instrument, which, by vir-
tue of any act or acts of assembly, shall have been otherwise
recorded.

Copy
valid in
case of loss.
Proviso.

SEC. 3. And be it enacted, That where a defendant of full
age in any case in the court of chancery, or in any county

Defendant
in case.

court as court of equity, shall upon two successive subpoenas
be returned non est, it shall be lawful for said court to order
publication of the substance of the bill or petition against such
defendant as if a non-resident of this state, and to proceed
against such defendant in the same manner and to every effect,
as if he were not a resident of this state, and as if the case
made in the bill or petition were within any of the acts of as-
sembly made and provided, in respect of absent or non-resident

On two
successive
subpoenas
non cut.

Publication
ordered.

As in case
of non-
residents.

defendants; Provided however, that each of said subpoenas be
delivered to the sheriff or other officer for service thereof at
least twenty days before the first day of the term to which such
subpoena shall be returnable.

Proviso.

SEC. 4. And be it enacted, That the provisions of the act
passed at November session, of the year eighteen hundred and
four, chapter one hundred and seven, be, and the same are
hereby extended to all cases that shall be instituted in the court
of chancery or any county court as a court of equity, for or in
anywise relating to the sale, partition, or conveyance, of any
lands, tenements or hereditaments, or in any manner concerning
lands, tenements or hereditaments, or any interest or benefit in,
or of or from the same.

Provisions
of act of
1904, ch.
107, ex tend-
ed to all
cases in
chancery,
&c.

SEC. 5. And be it enacted, That hereafter in all causes in the
court of chancery, or any county court as a court of equity, all
objection to the competency of witnesses and the admissibility

Objection
to compe-
tency of
witnesses.

 

 

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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 1093   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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