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LAWS OF MARYLAND.— 1818.
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CHAPTER 193.
AN ACT to declare and enlarge the powers of the Court of Chancery,
and the County Courts as Courts of Equity.
See notes to 1785, ch. 72, ante page 208.
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Certain ap-
peals to be
confined to
decretal
orders.
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SEC. 1. Be it enacted, by the General Assembly of Maryland,
That appeals from orders of the said courts, as referred to in the
twenty-seventh section of the act of seventeen hundred and
eighty-five, phapter seventy-two, be confined to decretal orders.
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Some pro-
visions ex-
tended to
persons of
full age.
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SEC. 2. And be it enacted, That the provisions of the fifth
section of the said act, and of the several acts supplementary
thereto, in relation to the sales of real estate, be extended to de-
fendants of full age.
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Also to
clerk on
commission.
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SEC. 3. And be it enacted, That the provisions of the fifteenth
section of the said act, be extended to the clerk employed on
every commission.
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Decree
may be en-
forced with-
out demand
of com-
pliance.
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SEC. 4. And be it enacted, That under the twenty-fifth sec-
tion of the aforesaid act of seventeen hundred and eighty-five,
it shall not be necessary to make any demand of a compliance
with the decree, (as the practice has been,) to entitle the party
obtaining the decree to process thereon.
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Bills taken
pro confes-
so may be
decided in
cases of de-
fault on tes-
timony
taken
between
parties.
Certain
powers as
to sheriffs,
&c. vested
in courts of
equity.
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SEC. 5. And be it enacted, That in cases wherein a power is
given to take bills pro confesso, or to issue a commission ex
parte, a decision may be made against the defendants absent
making default, on the testimony taken between the parties, in-
stead of issuing such commission.
SEC. 6. And be it enacted, That in addition to the powers
given in regard to sheriffs and other officers, by the twenty-
third section of the said act, the provisions of the act of seven-
teen hundred and ninety-seven, chapter forty-three, be extended
to the court of chancery, and the county courts as courts of
equity.
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Power to
sell equita-
ble titles to
real estates.
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SEC. 7. And be it enacted, That the provisions of the act of
eighteen hundred and sixteen, chapter one hundred and fifty-
four, be extended to equitable titles to real estates.
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Sale of real
estate to
save perso-
nal may be
decreed.
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SEC. 8. And be it enacted, That a sale of real estate may be
decreed in the discretion of the chancery court, and the county
courts as courts of equity, in order to save the personal, with
the consent of all parties of full age, and the actual guardian of
minors.
By 1819, ch. 183, where any real estate is decreed to be sold under this
eection, and a widow is entitled to any right of dower in such real estate,
the trustee, (with the consent in writing of the widow,) shall sell the estate
free and disencumbered of any right of dower of the widow, and in consi-
deration thereof the chancellor, &c. shall award to the widow such propor-
tion of the purchase money as he shall think just and equitable, not exceed-
ing one-seventh part, nor less than one-tenth part of the net proceeds of the
sale according to the age, health and condition of the widow.
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