| NOV. 1786.
CHAP. 49. |
APPENDIX——CHANCERY LAWS.
revolution with citizens of this or some one of the United States,
and there is no mode of procuring a conveyance of such property,
or compelling a specific performance of such contracts, BE IT ENACTED,
That in all cases where there has been a contract and sale
of any real property by a British subject previous to the revolution,
and such contract has not been completed, in all such cases it shall
and may be lawful for the chancellor, and he is hereby authorised
and directed, upon being filed by the party, and upon full inquiry
made into all the circumstances of the case, to decree a conveyance
of the property and payment of the money, agreeably to
the rules of the court of chancery; and upon such decree being
signed and the money paid, it shall and may be lawful for the chancellor
to execute a conveyance in fee-simple for the same, but no
decree shall pass for a conveyance before sixty days notice by the
party in the Baltimore or Annapolis news-papers of filing such
bill, and a summons issues for the attorney-general to appear and
shew cause, if any, why such decree should not pass. |
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Passed Jan. 20, 1787. |
CHAP. LIII.
An Act to provide a remedy for Creditors and others against this
State.
Lib. TBH. No. B, fol. 181. |
Process to be served
in the attorney
general, &c. |
3. AND BE IT ENACTED, That where any person
shall file a bill
in chancery against the state, that process shall and may be served
on the attorney-general, which service shall be effectual to all intents
and purposes, according to the notice of the process issued;
provided, that where any injunction is prayed to stay proceedings
at law for the payment of any debt claimed by the state, the chancellor
shall not order such injunction on the affidavit of the complainant
only, but shall be fully satisfied by other proof, that the
material facts in the complainant's bill are true. |
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Passed May 18,
1787.
* 1785, ch. 72. |
APRIL SESSION, 1787.
—
CHAP. XXX.
An Additional Supplement to the Act*, entitled, An act for enlarging
the powers of the High Court of Chancery. Lib.
TBH. No. B,
fol. 243. |
| Preamble. |
WHEREAS doubts have been conceived, that under the
powers
heretofore vested in the high court of chancery the chancellor cannot
grant relief in certain cases, or pronounce any decree against
persons not residing in this state, and many causes may arise where
justice requires that order should be taken therein; |
In certain suits
court may make
an order, &c. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
if in any suit which shall be hereafter commenced in chancery
against any defendant or defendants who resides out of this state,
to compel the conveyance of land, or real or personal property,
being in this state, or for compliance with any contract respecting
land, or real or personal property, in this state, on affidavit being
made to the satisfaction of the court, that such defendant or defendants
is or are our of the state, and that personal notice has been |
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