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LAWS OF MARYLAND—1773. 138
the plain tiff or plaintiffs, and such heir may be found, or if such heir shall be a feme covert, infant, or non compos mentis, the husband, guardian or committee, of such heir respectively, or, if the personal estate of such defendant be sequestered, or pos- session thereof delivered to the plaintiff or plaintiffs, then his or her executor or administrator, (if any such there be,) may and shall be served with a copy of such decree, within a reasonable time after it shall be known to the plaintiff or plaintiffs that the defendant is dead, and who is his or her heir, executor or admi- nistrator, or where he, she or they respectively be served there- with ; and if any person or persons, so served with a copy of such decree, shall not, within six months after such service, appear and petition to have the said cause reheard, such decree, so made as aforesaid, shall stand absolutely confirmed against the person or persons so served with a copy thereof, Ins, her and their respective heirs, executors and administrators, and all persons claiming, or to claim, by, from or under him, her, them, or any of them, by virtue of any act done, or to be done, subse- quent to the commencement of such suit; and if any person, so served with a copy of such decree shall, within six months after such service, or if any person, not being so served, shall, within two years next after the making such decree, appear in court, and petition to be heard with respect to the matter of such decree, and shall pay down, or give security for payment of such costs as the court shall think reasonable in that behalf, the person or persons so petitioning, his, her or their respective rep- resentatives, or any person or persons claiming under him, her or them respectively, by virtue of any act done before the com- mencement of the suit, may be admitted to answer the bill exhibited, and issue may be joined, and witnesses on both sides examined, and such other proceedings, decree and execution, may be had thereon, as there might have been in case the same party had originally appeared, and the proceedings had been newly begun, or as if no former decree or proceedings had been in the same cause; and if any person or persons against whom such decree shall be made, his, her or their heirs, executors or administrators, shall not, within two years next after making such decree, appear and petition to have the cause reheard, and pay down, or give security for payment of such costs as the court shall think reasonable in that behalf, such decree, made as aforesaid, shall stand absolutely confirmed against the person and persons against whom such decree shall be made, his, her and their heirs, executors and administrators, and against all persons claiming, or to claim, by, from or under him, her or them, or any of them, by virtue of any act done subsequent to the commencement of such suit, and at the end of such two years, it shall and may be lawful for the court to make such |
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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.
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