LAWS OF MARYLAND.— 1794.

315

person or property of such party or parties for the recovery of
the same, in the same manner as if he, she or they, had been
entered by a rule of court the security for such costs of suit;
provided, that nothing in this act shall be construed to alter the
present existing laws of this state relative to the payment of
costs by executors or administrators.

CHAPTER 60.

A further SUPPLEMENT to an ACT,* entitled, An act for enlarging the
power of the High Court of Chancery.
See notes to the original act, ante page 208.

*1785, ch
72.

WHEREAS it frequently occurs, that persons residing out of
this state, and beyond the reach of any of the process of the
courts thereof, have lands, tenements or hereditaments, within
this state, which they hold or claim by devise or descent, and
the person or persons from whom they derive their title to the
same have contracted debts within this state, or with some of
the citizens thereof, for the payment of which the said real
estate is or ought to be chargeable, and there is no remedy for
the recovery of the said debts, which justice requires ; therefore,

Preamble.

SEC. 2. Be it enacted, by the General Assembly of Maryland,
That in all cases where any person or persons, non-residents of
this state, now is or are, or shall hereafter be, seized or pos-
sessed, or have any right or title to any lands, tenements or
hereditaments, within this state, by devise or descent, and the
person or persons from whom such title is or shall be derived,
has contracted, or may contract, any debt or debts within this
state, or with any of the citizens thereof, the chancellor of this
state, upon the application of any such creditor or creditors, and
such notice thereof being given as he shall direct, shall have
full power and authority, if the claim of such creditor or credi-
tors shall be established, and it shall appear to the chancellor
to be just and proper, upon consideration of all circumstances,
that such debt or debts should be paid by a sale of such real
estate so devised or descending, to order and decree the whole,
or any part thereof, to be sold for the payment of such creditor
or creditors, in such mariner, and upon such terms, as the chan-
cellor, in his discretion, shall think proper ; and the chancellor
in all such cases shall have the same power and authority as he
hath in other cases by the act to which this is a supplement.

In certain
cases chan-
cellor may
decree, &c.

SEC. 3. And, whereas many persons die possessed of, or
claim, land within this state, and have only an equitable title to
the same, without leaving any known heir or devisee, who can
inherit the said land, whereby the creditors of such persons, in
default of other assets, are without remedy for the recovery of
such debts, Be it enacted, by the General Assembly of Mary-
land, That in case any person seized or possessed of any lands,

Where
persons die
seized, &c.
chancellor
may order
and decree,
&c.