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APPENDIX——CHANCERY LAWS.
advantage of both the infant (c,) idiot, or person non compos mentis,
and of the other person or persons concerned, to sell such lands,
tenements or hereditaments, or any part thereof, the chancellor may
order and direct such lands, tenements or hereditaments, or any part
thereof, to be sold, upon such terms as the chancellor shall direct,
always taking care that a just proportion of the money arising from
such sale be well and sufficiently secured to be paid to such infant,
idiot, or person non compos mentis (d); and if any contract hath
been
made for any lands, tenements or hereditaments, held as aforesaid,
for or on behalf of any infant, idiot, or person non compos mentis,
and
of the other person or persons interested therein, to be confirmed,
the chancellor may confirm such contract, and order a deed to be
executed according to the contract; and all sales and deeds made in
pursuance of and agreeably to an order of the chancellor, in consequence
of the above power, shall be good and sufficient in law to
transfer the estate and interest of such infant, idiot, or person non
compos mentis, in such lands, tenements or hereditaments, according
to the true intent and meaning of such deeds respectively; and in
all cases of deeds executed in consequence of the above power, the
deed shall be executed and acknowledged by such person or persons
as the chancellor shall appoint for this purpose.
(c) See 1799, ch. 79, s. 4, as to
infants out of the state; and see 1816, ch. 154,
as to the sales of the real estate of minors.
(d) See 1819, ch. 144, s. 1, respecting the loaning
out the money on real security,
&c.
By 1794, ch. 60, provision is made for decreeing a partition
of lands held by
infants, idiots, &c. jointly with other persons; and by 1797, ch. 114,
it is extended
to infants residing out of the state, on their answer being taken by commissioners,
to be appointed by the chancellor. |
NOV. 1785.
CHAP. 72. |
13. AND BE IT ENACTED, That in all cases where
a decree of
the chancellor shall be made for a conveyance, release or acquittance,
and the party against whom such decree shall pass shall neglect
or refuse to comply therewith, such decree shall stand, be
considered and taken, in all courts of law and equity, to have the
same operation and effect as if the conveyance, release or acquittance,
had been executed conformably to such decree.
By April 1787, ch. 30, in suits brought
against nonresidents, to compel a conveyance
of lands, &c. in this state, the chancellor may decree, without appearance,
on notice, &c. being given personally, or in the public papers of the
state,
where the defendant resides; a provision is also made for a rehearsing.
By 1792, ch. 41, (for giving relief where such party's
residence is unknown,)
the chancellor may decree in like manner, on notice being given in news-papers,
or otherwise, as he may direct. A provision is also made for a rehearing.
By 1804, ch. 107, on bills to compel a specific performance
against nonresidents,
when it cannot be ascertained whether they are living, or if dead, who
are
their legal representatives, if any, the chancellor may take the bill pro
confesso,
or issue a commission ex parte, and decree accordingly. A
provision is made for
a review, &c. |
Decree shall
stand, &c. |
14. AND BE IT ENACTED, That the parties, and
their attorneys
or agents, shall have a right to be present at the execution of all
commissions hereafter to be issued from the court of chancery for
examining witnesses and taking evidence, and the interrogatories
of the respective parties shall be read by the commissioners, so that
they may be heard by the parties, their attorneys or agents, respectively, |
Parties shall have
a right to be present,
&c. |
VOL. IV.
51
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