LAWS OF MARYLAND,— 1791.

283

restrain, the jurisdiction of the chancery court of this state in
any manner or respect whatsoever, but that the said court shall
have the same power, authority and jurisdiction, in all and
every case, as belonged to, and was exercised by, the said court
before the making this act, any thing herein contained notwith-
standing.
SEC. 4. Appeals are now regulated by 1826, ch. 200.

SEC. 5. And be it enacted. That this act shall not be con-
strued so as give any county court an original equity jurisdiction
for the purpose of compelling a specific performance of any
agreement;* and in all cases where a suit at common law is
commenced in any county court, and either plaintiff or defen-
dant prays a decision on principles of equity, the common law
suit may be proceeded on to judgment, nor shall execution on
the said judgment be stayed, unless the party, praying an equita-
ble decision, shall verify the facts stated in his petition by his
oath or affirmation, as the case may require, and give bond to
the adverse party, in such sum, and with such security, as the
court shall approve, conditioned for the payment of such sum ajs
shall appear to be due to the said adverse party, on the determi-
nation of the said suit by the said court, on principles of equity
as aforesaid, together with all legal costs, both on the common
law and equity proceedings.
*The first part of this section is repeated by November, 1792, ch. 63,
which gives such jurisdiction to the amount of £100, or ten thousand
pounds of tobacco.
So much as limits the original equity jurisdiction, is abrogated by 1792,
ch. 63, and by the acts clothing the county courts with original equity juris-
diction. See 1814, ch. 94, and the various supplements thereto. This
law is not in the 7th volume of Harris and Watkins.
Continued by 1798, ch. 71, to October, 1805, and from thence by the
annual continuing law.

CHAPTER 79.

Act not to
give origi-
nal equity
jurisdiction,

A further supplement to the act,* entitled, an act to enlarge the powers of
the High Court of Chancery.
See original act and notes, ante page 208.

*1785, ch.
72.

WHEREAS the court of chancery has no power to order and
decree the recording of a deed where the grantor, or his repre-
sentatives, reside out of this state, unless on the appearance of
the defendant, whicri cannot be obtained.

Preamble.

SEC. 2. Be it enacted by the General Assembly of Maryland,
That in case any deed hath been or shall hereafter be executed,
to the validity of which recording is necessary, and such deed
hath not or shall not be recorded agreeably to law, without any
fraudulent design or intention of the party claiming under the
same, and the person who hath executed or shall execute such
deed, his devisee or representatives, are or may be non-residents

Where
deeds are
not record-
ed, party
may file his
bill, &c.