LAWS OF MARYLAND.— 1786.

225

or persons so having committed the said waste or destruction,
being in court, upon an attachment of contempt or otherwise, to
stand or remain committed, and kept in close custody until the
double of the value of the damage found by commissioners as
aforesaid, and costs, are fully paid and satisfied to the person or
persons suing forth such injunction, and the fine for the con-
tempt, or the chancellor may issue fieri facias or capias ad
satisfaciendum, as aforesaid, to compel payment of double the
value of the damages aforesaid, and costs ; and as often as any
further waste or destruction shall be done or committed, con-
trary to the said injunction, the same proceeding and remedy
shall and may be had against the person or persons having done
or committed the same; and each commissioner as aforesaid
appointed shall, before he acts as such, take an oath before some
justice of the peace, well and truly to execute the said commis-
sion, without fear, favour, partiality or prejudice, which oath
shall be returned with such commission; and each commis-
sioner shall be allowed fifteen shillings current money per day
for every day's actual service upon such commission, to be paid
by the party against whom the complaint for committing waste
is made, in case it is found by the commissioners as aforesaid
that any waste or destruction shall have been committed ; and
if no waste or destruction shall be found to have been commit-
ted, then to be paid by the party making complaint, and pay-
ment of the said allowance to the commissioners as aforesaid
may be compelled by order of the chancellor, and process for
disobedience to such order as in other cases.

SEC. 29. And be it enacted. That in case any mortgage hath
been made, and the person making the same, or his heir, devi-
see or alienee, shall be a British subject, and the person having
a right to the mortgaged premises as security for money, tobacco,
or any other valuable thing, is a citizen of this, or any of the
United States, and the day of payment is elapsed, it shall and
may be lawful for such person claiming the mortgaged premi-
ses aforesaid to file his bill for foreclosure of such mortgage, and
to serve the attorney-general with notice of such bill, who shall
thereupon appear, plead, or answer and defend, on behalf of this
state, and there shall be the same proceedings and decree as in
other cases of bills for foreclosing mortgages.

On mort-
gage, &c,
bill may be
filed, &c.

SEC. 30. And be it enacted. That if any mortgagor of real
property within this state to a citizen of this state, or any person
claiming under such mortgagor, shall reside out of this state and
within any other of the United States, the complainant may file
his bill for foreclosing such mortgage in the high court of chan-
cery, and upon service of notice thereof on the defendant, or
inserting the same in the public newspapers of the state where
29

Mortgagor,
&c. may
file his bill,
&c.