LAWS OF MARYLAND.— 1835.

1223

of any other creditors who shall claim to participate in the

benefit of the decree in the case; Provided however, that when
the indebtedness of such plaintiff or plaintiffs, shall not be ad-
mitted by the pleadings in the case on part of the defendant or
defendants interested in contesting the same, the court shall on
application of any of the parties, send to any court of law, an
issue for determining the fact of such indebtedness, subject to
the rules usually applied to issues out of chancery.

Proviso —
if debt be
not ad-
mitted.

SEC. 3. And be it enacted. That where any injunction shall
issue from the court of chancery or any county court as a court
of equity, the defendant or defendants in the case, or any of
them, may appeal, the answer or answers of such appellants
being first filed, from the order of the chancellor granting the
injunction, or refusing to dissolve it, to the court of appeals of
the shore where such injunction shall have issued, and the said

Case of
appeal on
injunction.

court at the first term to which the case shall be transmitted,
shall determine the said appeal, and shall pass such order in
the premises as to it may seem right.

To be tried
at first term.

SEC. 4. And be it enacted, That where no bond with secu-
rity shall have been given upon the issuing of such injunction
by or on part of the party applying for the same to secure the
defendant or defendants against the consequences of such in-

Case of no
bond being
given on
appeal.

junction, the said appeal shall except in cases of injunction to
stay waste, stay such injunction and the operation thereof; Pro
vided, a bond or bonds with surety or sureties, to be approved
by any judge of the court of appeals, and in penalty and with
condition and in form to be prescribed by such judge, be given
by the appellant or appellants ; such bond to be after such
approval filed in the court from whose order or decision such

injunction
may bo
stayed.
On giving
bond, &c.

appeal shall have been taken ; And provided however, that such
appeal shall in case stay the proceedings in such suit in said
court of chancery or county court, except as regards the force
and operation of such injunction, or of any order, whether it be
for the appointment of a receiver or otherwise, incident thereto.

Proviso.

SEC. 6. And be it enacted, That the provisions of the act of
December session, of the year eighteen hundred and thirty-one,
chapter three hundred and eleven, so far as they relate to the
decreeing demises of property, in the city of Baltimore, be, and
they are hereby extended to cases of chattels, real, in said eity,
and of executory devises of real property and estate, in said city.

Act of 1831.
ch. 311, ex-
tended to-
cases of
chattels,
real and
devises, &c

SEC. 6. And be it enacted, That the provisions of the act of
November session, of the year eighteen hundred and four,
chapter one hundred and seven, shall extend to all cases in
equity, in anywise concerning lands, tenements or heredita-
ments, or any interest or benefit, in, of, or from the same where
the persons, who if alive should be defendants, shall be known
to have died, whether having been residents or non-residents of

Act of 1804,
ch. 107,
extended.