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LAWS OF MARYLAND.— 1797.

Certain
causes shall
not abate,
&c.

SEC. 4. And be it enacted, That in case any cause hath been
or shall be set down regularly for hearing, or submitted to the
chancellor by both parties, as ready for his decision, and one of
the parties hath died, or shall die, after such setting down or
submission, and before a decree passed, having a solicitor in
court, the said cause shall not abate, and the chancellor may
decree as if such deceased party were alive, and the decree
shall have the same effect as if it had been passed against the
deceased, except that it shall not entitle the complainant to a
preference in the distribution of assets, either real or personal.

Chancellor
may direct
a commis-
sion to issue
&c.

SEC. 6. And, whereas it is doubtful whether or not there is
any method of proceeding whereby a person, holding land joint-
ly or in common with an infant residing out of the state, may
obtain partition of the said land, Be it enacted, That on a bill
filed, for the purpose of obtaining partition of land held jointly
or in common with an infant residing out of the state, the
chancellor, on the complainant's motion, may direct a commis-
sion to issue unto three persons, such as he shall approve,
authorizing them, or any two of them, to go to the infant, and
appoint a guardian for the purpose of answering and defending
the suit, and authorizing them likewise to take the answer and
return it to the court ; and in receiving such answer, there may
be the same proceedings as if the defendant had been regularly
summoned, and had been heard by a guardian appointed by the
court.

How sales
are to be
made, &c.

SEC. 6. And be it enacted, That all sales by the act to direct
descents directed to be made of lands which will not admit of
division amongst the heirs, shall be made agreeably to the
order of the court from which the commissions issued, and shall
not be valid until ratified by the said court; and the commis-
sioners for valuing such lands as in their judgment will not
admit of a division, shall take into consideration any incum-
brance on the lands, and report the value of the lands, subject
to the incumbrance ; and the election of any of the heirs to take
the lands, and pay the others their proportions, shall be made in
the said court, before the expiration of the term next succeed-
ing the term on which the return of the commissioners shall
have been confirmed.
SEC. 7. Repealed 1813, ch. 24.

Costs may
be awarded
&c.

SEC. 8. And be it enacted, That the chancellor shall have
full power, as in the court of chancery, at his discretion, to
award costs to the party prevailing on the decision of any
caveat at the land office.

No caveat
to be enter-
ed, &c.

SEC. 9. And be it enacted, That no caveat shall hereafter be
entered in either of the said offices where composition money is
due on a certificate, unless the party requiring the same to be