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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.
Volume 141, Page 223   View pdf image (33K)
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LAWS OF MARYLAND.— 1785.

323

there shall be the same proceeding as at law, or the chan-
cellor may cause by injunction the possession of the estate
and effects demanded by the bill or petition, and whereof the
possession or a sale is decreed, to be delivered to the plaintiff, or
otherwise, according to the tenor and import of such decree, and
as the nature of the case may require, and in case of sequestra-
tion, the court shall and may order payment and satisfaction to
be made out of the estate and effects so sequestered, according
to the true intent and meaning of the decree; and in case any
defendant shall be arrested and brought into court upon any
process of contempt issued to compel the performance of any
decree of the chancery court, it shall and may be lawful for the
said court, upon motion, to order such defendant to stand com-
mitted, or may order his estate and effects to be sequestered,
and payment made as above directed, or possession of his estate
and effects to be delivered, by injunction, as above directed,
until such decree or order shall be fully performed and executed
according to the tenor and true meaning thereof, and the con-
tempts cleared; that upon any demurrer or plea being over-
ruled upon argument, or otherwise being withdrawn without
leave of the chancery court, the party whose demurrer or plea
is so overruled or withdrawn, shall pay to the opposite party the
sum of five pounds current money, and the costs thereof, and
be in contempt until the said sum of money and costs are fully
discharged and paid.
By 1818, ch. 193, sec. 4, it shall not be necessary to make any demand
of a compliance with the decree (as the practice has been,) to entitle the
party obtaining the decree to process thereon.
By 1802, ch. 109, any writ of capias ad satisfaciendum issued out of the
court of chancery, and served on the defendant, may, with the consent of
the plaintiff and defendant, be entered not called ; and such execution may-
be renewed, &c.

 

SEC. 26. And be it enacted, That in all cases in chancery,
the process of commission of rebellion, and sergeant-at-arms,
shall be omitted as unnecessary.

Certain
process to
be omitted.

SEC. 27. And be it enacted. That all appeals from the deci-
sions, orders and decrees of the chancery court, in cases where
appeals properly lie, shall be made and entered in the said court
within nine months from the time of making such decisions,
orders and decrees, and not afterwards.
By 1805, ch. 65, sec. 10, appeals from the court of chancery to be made
to the court of appeals for the respective shores, &c.
By 1821, ch. 125, appeals from the chancery court when the panics
reside on the eastern shore, to be made to the court of appeals of that shore.
By 1818, ch. 193, sec. 1, appeals from orders of the court oi chancery, &c.
as referred to in this section, are confined to decretal orders ; and by section
14, in cases of appeals from any decree, where proper parties have not been
made, the court of appeals may either reverse the decree, without prejudice
to another bill, or award a new trial, &c.

Appeals,
when to be
made.



 
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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.
Volume 141, Page 223   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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