1224

LAWS OF MARYLAND.— 1835.

this state, and it shall not be known whether they have left
heir's or devisees proper to be defendants, instead of such de-

(*or)

ceased person, or if they shall have left any, who are* where
they may be ; Provided however, that the court be satisfied that
diligent search has been made for the ascertainment and disco-
very of such heirs or devisees, and that they have not been
found within this state ; and the provisions of this section, and
of the act aforesaid, shall be construed to extend to all equitable
as well as legal estates or interests.

Bonds may
be taken as
public
bonds.

SEC. 7. And be it enacted, That when the court of chancery
or any county court as a court of equity shall require bond,
with or without security, to be given in any case, and the par-
ties concerned therein shall be numerous, or it shall for other
reasons appear proper to the court to take bond in such form,
such bond may be taken in the name of the state as obligee,
and be sued by any person interested as public bonds may;
and a copy certified by the clerk of the court under the seal
thereof, shall be received in evidence to the same effect as cer-
tified copies of public bonds aforesaid.

In case of
injunction,
the court
may order
testimony
to be taken.

SEC. 8. And be it enacted, That when an injunction shall
issue from the court of chancery or any county court as a court
of equity, the court on application of any of the parties, may
order testimony in reference to the allegations of the bill to
be taken on behalf of all the parties in such form as it may
direct, and on such terms, and under such regulations as to
notice and otherwise as may be deemed equitable, and so how-

Returnable.

ever, that such testimony be returned by the day when the
motion for dissolving such injunction shall be heard, and the
order providing also, that notice of the granting such order be
given as shall be prescribed by the court on part of the party
applying for the order, to the other parties named in the bill or
their solicitors, and such testimony at the hearing of such
motion shall be considered in connection with the bill, or peti-
tion and answers in the cause.

Power to
order sale
of estate of
infants as
in cases of
trust.

SEC. 9. And be it enacted, That the power of the court of
chancery, or of the county courts as courts of equity, to decree
sales of infants estates, shall extend to all cases of trusts for
infants either for the application of rents, profits, or income, or
in any other form for their benefit; and to all cases of chattels
real, where if the property were freehold the sale might be
decreed; and the power of said courts to decree leases of ground
in the city of Baltimore, shall extend to all such cases of trusts
of, or concerning ground in said city.