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APPENDIX——CHANCERY LAWS.
favour, partiality or prejudice, which oath shall be returned with
such commission; and each commissioner shall be allowed fifteen
shillings current money per day for every day's actual service
upon such commission, to be paid by the party against whom the
complaint for committing waste is made, in case it is found by the
commissioners as aforesaid that any waste or destruction shall
have been committed; and if no waste or destruction shall be found
to have been committed, then to be paid by the party making complaint,
and payment of the said allowance to the commissioners as
aforesaid may be compelled by order of the chancellor, and process
for disobedience to such order as in other cases. |
NOV. 1785.
CHAP. 72. |
29. AND BE IT ENACTED, That in case any mortgage
hath been
made, and the person making the same, or his heir, devisee or
alienee, shall be a British subject, and the person having a right
to the mortgaged premises as security for money, tobacco, or any
other valuable thing, is a citizen of this, or any of the United
States, and the day of payment is elapsed, it shall and may be
lawful for such person claiming the mortgaged premises aforesaid
to file his bill for foreclosure of such mortgage, and to serve the
attorney-general with notice of such bill, who shall thereupon appear,
plead, or answer and defend, on behalf of this state, and
there shall be the same proceedings and decree as in other cases of
bills for foreclosing mortgages. |
On mortgage, &c.
bill may be filed,
&c.
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30. AND BE IT ENACTED, That if any mortgagor
or real property
within this state to a citizen of this state, or any person
claiming under such mortgagor, shall reside out of this state and
within any other of the United States, the complainant may file
his bill for foreclosing such mortgage in the high court of chancery,
and upon service of notice thereof on the defendant, or inserting
the same in the public news-papers of the state where such defendant
resides, after such bill is filed, for twelve weeks successively,
and making proof before some judge or justice of the general
or supreme court of such state that such notice has been given
personally, or by advertisement as aforesaid, and the same proof
being property certified, and the defendant fails to appear and answer
to such bill within nine months after such notice proved and
certified as aforesaid, or such longer time as the chancellor shall
grant, such bill shall be taken pro confesso, and thereupon such
proceeding and decree shall be had and made as the chancellor
shall judge proper; and if the defendant be an infant, idiot, lunatic,
or non compos mentis, the chancellor shall have full power and authority
to proceed as by this act is directed in the case of residents
of this state. |
Mortgagor, &c.
may file his bill,
&c. |
31. AND BE IT ENACTED, That if any person
shall file a bill
against any defendant or defendants residing within this state, in
which it shall be proper and necessary to join other defendant or
defendants residing out of this state, whether in the United States
or any other country, upon notice given and proved as aforesaid,
and upon failure to appear and answer as aforesaid, the bill shall
be taken pro confesso against the defendant or defendants failing
to
appear and answer, and decree shall be given as aforesaid. |
Bill being filed,
&c. may be taken
pro confesso, &c. |
32. AND BE IT ENACTED, That the chancellor
shall and may
nominate and appoint a messenger to attend the chancery court,
and to serve, execute and carry into effect, such process, orders |
Chancellor may
appoint a messenger,
&c. |
VOL. IV.
52
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