| CHARLES GOLDSBOROUGH, ESQUIRE, GOVERNOR.
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, instead of issuing such
commission. |
1818.
CHAP. 193.
In cases where
power is given to
take bills pro confesso,
direction
may be made, &c. |
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 seventeen hundred and
ninety-seven, chapter forty-three, be extended to the court of chancery,
and the county courts as courts of equity. |
Provisions of act
of 1797 extended
to court of chancery
and county
courts a courts of
equity.
* 1785, ch. 72. |
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. |
Provisions of act of
1816 extended to
equitable titles to
real estates. |
8. AND BE IT ENACTED, That a sale of the 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. |
Sale of real estate
may be decreed to
save the personal,
with consent of
parties. |
9. AND BE IT ENACTED, That where sales have
been or shall be
made by executors, under a supposed authority derived from a will,
the chancery court, and the county courts as courts of equity, shall
have a discretionary power to confirm such sale on hearing, or in
cases where bills may be taken pro confesso. |
Where sales have
been made under
supposed authority
from a will,
courts to have a
discretionary power
to confirm them. |
10. AND BE IT ENACTED, That widows shall be
entitled to dower
in lands held by equitable title in the husband, unless the same be
devised by a will made before the passage of this act; but such right
of dower shall not operate to the prejudice of any claim for the
purchase money of such lands, or other lien on the same; and tenants
by the curtesy shall be entitled for life to lands held by equitable
title, but not to the prejudice of any claim for the purchase
money of such lands or other lien on the same. |
Widows shall be
entitled to dower
in lands held by
equitable title in
the husband, &c. |
11. AND BE IT ENACTED, That the provisions
of the fifth section
of the act of seventeen hundred ninety seven, chapter one hundred
and fourteen, concerning partition, be extended to cases where all
the persons reside out of the state. |
Provisions of act
of 1797, concerning
partition, extended
to cases
where all the persons
reside out of
the state. |
12. AND BE IT ENACTED, That in case of lands
in this state descending
to minors residing out of this state, on a bill filed by the
prochein ami of any such minor, the said courts may issue a
commission
to three persons in the state where the infants reside, authorising
them, or any two of them, to go to the infant or infants,
and appoint a guardian, for the purpose of answering and defending
the suit, and authorising them to take and return such answer;
and on return of the same, there may be the same proceedings as
if the infant defendants had been regularly summoned, and had
been heard by a guardian appointed by the court. |
In case of lands
descending to minors
residing out
of state, on bill
filed, court to commission
three persons
to appoint a
guardian to defend
suit. |
13. AND BE IT ENACTED, That the said courts
may decree a sale
of such lands, if it shall appear to be for the benefit and advantage
of such infants, and may order or not, in their discretion, a commission
to take depositions in the case, as to them shall appear necessary,
and upon such terms as they may judge right and proper. |
Court may decree
a sale of such
lands if it shall appear
to be for
benefit of such infants. |
14. AND BE IT ENACTED, That when on appeal
from any decree
in the chancery court, or a county court as a court of equity, it
shall appear that the proper parties have not been made, the court
of appeals may, in their discretion, either reverse such decree without
prejudice to another bill, or award a new trial on such terms |
In case of appeals
where proper parties
have not been
made, court of appeals
may either
reverse decree or
award a new trial. |
VOL. IV.
14
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