LAWS OF MARYLAND.—1773. 123
SEC. 3. Provided always, That no order or direction as afore-
said shall be made or given in virtue of this act, in the case of
any infant or infants seized or possessed of any lands, tene-
ments or hereditaments, charged with or subject to the payment
of money or tobacco, unless it shall appear, that the guardian
or guardians of such infant or infants hath or have consented
thereunto, and also that such infant or infants will not sustain
any detriment, disadvantage or inconvenience, from such order
or direction; and also, that upon every order or direction for
conveyance to be made by an infant or infants, for the specific
performance and execution of any such agreement as aforesaid,
liberty shall be reserved for the said infant or infants to shew
cause, within six months after he, she or they, shall have
attained the full age of twenty-one years, if such infant or in-
fants shall attain such full age, and also for the heirs of such
infant or infants, if such infant or infants shall not so long live,
in six months after the decease of such infant or infants, if the
said heirs shall then be of full age, and if such heirs shall not
then be of full age, in six months after such heirs shall have
attained his, her or their full age, why such conveyance ought
not to have been ordered or directed, and on sufficient cause
being shewn as aforesaid, the infant or infants aforesaid, or his
or their heirs, shall be entitled to and have a reconveyance, by
order or decree of the said court, of the said lands, tenements
or hereditaments, by whomsoever claimed or possessed, by,
from or under the conveyance made by such infant or infants
aforesaid, and also a full account of the rents and profits
thereof, of and from the person who shall have received the
same. |
Proviso. |
SEC. 3. And be it further enacted, by the authority aforesaid,
That if any suit, which shall be commenced in the court of
chancery, any defendant or defendants, against whom any sub-
peona or other process shall issue, shall not cause his, her or
their appearance to be entered upon such process, within such
time and in such manner as according to the rules of the court
the same ought to have been entered, in case such process had
been duly served, and an affidavit or affidavits shall be made to
the satisfaction of the court, that such defendant or defendants
is or are out of this province, or that upon inquiry at his, her or
their usual place of abode, he, she or they, could not be found
so as to be served with such process, and that there is just
ground to believe that such defendant or defendants is or are
gone out of this province, or otherwise abscond to avoid being
served with the process aforesaid, 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 |
Court, in
certain
cases, may
direct a per-
formance,
&c. |
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