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That in all cases whatever, where the chancellor is authorized
to decree without the appearance of the defendant or defen-
dants, it shall be at the discretion of the chancellor, either to
take the bill pro coufesso, or direct a commission for taking
depositions ex parte, as by law is directed in certain cases
where the defendants are non-residents.
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A commis-
sion may
issue to one
person, &c.
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SEC. 6, And be it enacted. That hereafter, with the consent
of the party or parties in court, and with the approbation of the
chancellor, a commission for any purpose whatever, which may
lawfully issue from the chancery court in any cause there
depending, or hereafter tobe instituted, may be directed to one
person only, or to three persons, with power to any two, and
the person or persons to whom it shall be directed shall have
the same authority as has heretofore been reposed in any greater
number.
See notes to the original act, ante page 208.
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In caie of
escheat
land, suit
may be
brought,
&c.
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SEC. 7. And be U enacted, That in all cases where land has
escheated, or shall escheat, to the state, or hath or shall become
the property of the state, from the purchase thereof by an alien,
or hath been confiscated as the property of a British subject,
any person having any claim to the said land, or any part thereof,
or having a lien or charge upon the same, or a title in equity,
may bring a suit against the state in any court of law or equity,
as the case may require, in the same manner as it might have
been brought against the person from whom it hath devolved on
the state; and if any such suit be brought in the chancery
court, the attorney-general shall be the defendant in behalf of
the state, between whom and the complainant or complainants
there shall be such proceedings as might have been between
the said complainant or complainants and the person whose title
hath devolved on the slate ; provided, that in no case shall the
state be burthened with costs, or otherwise in consequence of
having the said title.
By 1805, ch. 93, the chancellor is empowered to decree on bills filed, in
all cases where a citizen shall have purchased any land in this state, the
legal title to which is in a British subject, or vested by law in the state, or
where a citizen shall have a fair and equitable claim to any land so pur-
chased. A decree to be made for payment of the money due, and a convey-
ance of the land ; if nothing is due, or the party shall comply with the
decree, the chancellor to convey in the name of the state, all the right
vested in any Briiish subject, or in the state. By 1805, ch. 99, the chan-
cellor on application of any person claiming lands in virtue of any deed of
the commissioners of confiscated British property, and being satisfied that
such claimant has an equitable title to the lands claimed, to execute a deed,
in the name of the state, to such claimant, &c.
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All costs to
be charged
to the com-
plainant,
&c.
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SEC, 8. And be it enacted, That in all cases whatever, where
a suit shall hereafter be instituted against the state in the said
court of chancery, all costs in the said suit shall be charged to
the complainant or complainants, and the state shall not be
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