LAWS OF MARYLAND.— 1805.

499

have left any, if a bill is filed against such person or persons, to
compel a specific performance of such contract or agreement,
the chancellor may, without the appearance of the absent par-
ties, at discretion, either take the bill pro confesso, or issue a
commission for taking depositions, which commission may be
executed ex parte, on the non-appearance of the defendant or
defendants in person, or by solicitor or agent, and on the taking
pro confesso, or return of the commission, the chancellor may
proceed to such decree as the justice and equity of the case

taking cle-
positions,

may require ; Provided, that the complainant or petitioner shall
give at least six months notice of his or her application, in such
newspapers as the chancellor shall direct ; and every such de-
cree shall have the same operation, effect and consequences, as
a decree in virtue of the act aforesaid against persons residing
in the state of Maryland who had appeared, and such decree
passed in the said court ; Provided always, that if any person
or persons against whom any decree shall be made by virtue of
this act, his or their heirs, devisees or representatives, or any
person claiming under them, shall appear in the court of chan-
cery at any time, not exceeding eighteeji calendar months from
the time of making such decree, and request a review of the
same, the chancellor, upon a bill filed by such person or per-
sons, shall proceed to an examination of the matters in dispute,
and to a final decree according to the equity of the case, in the
same manner as if the said person or persons, or those under
whom they claim, had originally appeared before him ; And
provided also, that such defendant or defendants may, at any
time before a decree shall have been passed, appear in court,
and be admitted to defend the cause, on filing a good and suf-
ficient answer, plea or demurrer, to the bill.

NOVEMBER, 1805.— CHAPTER 10.

AN ACT to vest temporary powers in the several Clerks in the several
Counties of this State.
This act vested in the clerks temporary powers, until the new judicial
system should be organized.

CHAPTER 16.

Provisos.

AN ACT to confirm an Act,* entitled, an Act to provide for the Trial of
Facts in the several counties of this state, and to alter, change and
abolish, all such parts of the constitution and form of government as
relate to the general court and court of appeals.

*1804, ch.
55.

WHEREAS at a session of assembly, begun and held at the
city of Annapolis on the fifth day of November, in the year
of our Lord one thousand eight hundred and four, an act of
assembly, entitled, an act to provide for the trial of facts in the
several counties of this state, and to alter, change and abolish,
all such parts of the constitution and form of government as

Preamble.