clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
William Kilty et. al., (eds).The Laws of Maryland from the End of the Year 1799,...
Volume 192, Page 3022   View pdf image (33K)
  << PREVIOUS  NEXT >>
clear space clear space clear space white space
 
                APPENDIX——CHANCERY LAWS.

to be entered upon such process, within such time and in such
manner as according to the rules of the court the same ought to
have been entered, in case such process had been duly served, and
an affidavit or affidavits shall be made to the satisfaction of the
court, that such defendant or defendants is or are out of this province,
or that upon inquiry at his, her or their usual place of abode,
he she or they, could not be found so as to be served with such process,
and that there is just ground to believe that such defendant
or defendants is or are gone out of this province, or otherwise abscond
to avoid being served with the process aforesaid, then and in
such case the said court may make an order, directing and appointing
such defendant or defendants to appear at a certain day therein
to be named, and a copy of such order shall forthwith be inserted
in the Maryland Gazette, and continued therein for six successive
weeks, and a copy of such order shall be left, as soon as conveniently
may be, at the usual place of abode of such defendant or 
defendants, before his, her or their leaving this province or absconding
as aforesaid, and also a copy of it shall be forthwith set
up at the door of the court-house of the county wherein the defendant
or defendants did last reside, before his, her or their absconding
as aforesaid; and if the defendant or defendants do not appear
within the time limited by such order, or within such further time
as the court shall appoint, then, on proof made on such publication
of such order, the court, being satisfied to the truth thereof, may
order the bill of the plaintiff or plaintiffs to be taken pro confesso,
and make such decree thereupon as shall be thought just, and may
thereupon issued process to compel the performance of such decree,
either by an immediate sequestration of the real and personal estate
and effects of the party or parties so absenting, (if any such can be
found,) or such part thereof as may be sufficient to satisfy the demands
of the plaintiff or plaintiffs in the said suit, or by causing
possession of the estate or effects demanded by the bill to be delivered
to the plaintiff or plaintiffs, or otherwise, as the nature of the
case shall require; and the said court may likewise order such plaintiff
or plaintiffs to be paid and satisfied his, her, or their demands,
out of the estate or effects demanded by the bill to be delivered
to the plaintiff or plaintiffs, or otherwise, as the nature of the
case shall require; and the said court may likewise order such plaintiff
or plaintiffs to be paid and satisfied his, her or their demands,
out of the estate or effects so sequestered, according to the true intent
and meaning of such decree, such plaintiff or plaintiffs first giving
sufficient security, in such sum as the court shall think proper,
to abide such order, touching the restitution of such estate or effects
as the court shall think proper to make concerning the same,
upon the appearance of the defendant or defendants to defend such
suit, and paying such costs to the plaintiff or plaintiffs as the court
shall order.

NOV. 1773.
  CHAP. 7.
    4.  PROVIDED ALWAYS, That if any decree shall be made in pursuance
of this act against any person or persons being out of this
province, or absconding in manner aforesaid at the time such
decree is pronounced, and such person or persons shall, within
two years after making such decree, return or become publicly
visible, then and in such case, he, she, or they, shall likewise
be served with a copy of such decree, within a reasonable time after
his, her, or their return or public appearance shall be known to
the plaintiff or plaintiffs; and in case any defendant, against whom
such decree shall be made, shall, within two years after making
such decree, happen to die before his or her return into this province,
Proviso.


 
clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
William Kilty et. al., (eds).The Laws of Maryland from the End of the Year 1799,...
Volume 192, Page 3022   View pdf image (33K)   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives