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CHAPTER 72.
AN ACT for enlarging the power of the High Court of Chancery.
Supplementary and other acts, 1785, ch. 78; April, 1787, ch. 30; 1789,
ch. 46; 1790, ch. 38, 60; 1791, ch. 79; 1792, ch. 41, 76: 1793, ch. 75;
1794, ch.60; 1795, ch. 88; 1797, ch. 51, 114 j 1798, ch. 84, 101, sub ch. 1,
sec. 4: ch. 10, sec. 11: ch. 12, sec. 10; ch. 14, sec. 6; 1799, ch. 79; 1800,
ch. 67; 1802, ch. 100, 109; 1804, ch. 107; 1805, ch. 65, 93, 99j 1806, ch.
55 j 1807, ch. 140; 1811, ch. 189; 1813, ch. 21 ; 1814, ch. 94; 1815, ch.
163; 1816, ch. 134, 154; 1817, ch. 119, 139; 1818, ch. 133; 1819, ch.
144, 183 j 1820, ch. 161 ; 1821, ch. 48, 125,218; 1822, ch. 107; 1823, ch.
146, 204; 1824, ch. 133, 196; 1825, ch. 25, 117; 1826, ch. 159, 178, 199,
200, 222 j 1828, ch. 26 j 1830, ch. 185, 187: 1831, ch. 309, 311, 315, 1832,
ch. 53, 197, 302, 306 5 1833, ch. 150, 181, 283; 1834, ch. 76, 305, 346,
367, 380; 1835, ch. 380, 386 ; 1836, ch. 128, 197, 269; 1837, ch. 1 16, 292.
The profession are referred to the Index, word 'Chancery,' where, the
chancery jurisdiction and the mode of its action, under the acts of assem-
bly, will be found distributed under appropriate titles.
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In certain
cases chan-
cellor may
order a sale,
&c.
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Be it enacted by the General Assembly of Maryland, That
where any person or persons under the age of twenty-one years,
or being idiot, lunatic, or non compos mentis, are or shall be
possessed of any lands, tenements, hereditaments or real estate
whatsoever, which are, or shall be and stand, mortgaged for
the payment of any sum or sums of money or tobacco, or for
securing the payment of any debt whatsoever, and the day of
payment in such mortgage is elapsed, it shall and may be law-
ful for the chancellor, upon the petition of the mortgagee or
mortgagees, or any person claiming under the mortgage, after
summoning the infant, and his appearance by guardian, to be
appointed by the chancellor for that purpose, and to answer and
defend on the part of such infant, or after the appearance of
such person being idiot, lunatic or non compos mentis, by the
trustee or trustees, or committee of such person being idiot,
lunatic or non compos mentis, to be appointed by the chancellor
on behalf of such person for the purposes aforesaid, and hear-
ing all parties, and being well satisfied of the execution of the
deed of mortgage, and that the sum claimed by the person
making such application is justly due, to order and decree a
sale of such mortgaged premises, or such part thereof as may
be necessary to discharge the debt or debts due on such mort-
gage, or the chancellor may decree a foreclosure of the whole
or such part of the mortgaged premises as may be necessary
and sufficient to discharge, pay and satisfy, the debt or debts
due upon and secured by such mortgage, in such manner as the
chancellor shall judge most proper; but if a part only is fore-
closed, and such part shall be esteemed by the mortgagee, or
person praying a foreclosure, insufficient to pay the money
secured by such mortgage, then a sale thereof shall be made
in such manner as the chancellor shall direct, and the money
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