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APPENDIX——CHANCERY LAWS.
served on the defendant or defendants, or that notice of filing such
bill hath been given ten weeks in the public news-papers of the
state or kingdom where the defendant or defendants may reside,
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 four
weeks, and if such defendant or defendants shall not appear within
the time limited by such order, then on proof being made of such
publication of such order, the court, being satisfied of the truth
thereof, may order the bill of the plaintiff to be taken pro confesso,
and make such decree thereupon as shall be thought just, and may
thereupon issue such process thereon as may be necessary and are
usual in other cases where decrees have been made, the plaintiff or
plaintiffs giving such security as the said court shall direct, touching
the restitution of such land, or real or personal property, (as
the case may be,) and as the said court shall think proper to make
concerning the same, upon the appearance of the defendant or defendants
to defend such suit. |
APRIL 1787.
CHAP. 30. |
3. PROVIDED ALWAYS, If any decree shall be
made in pursuance
of this act against any person or persons being out of this
state at the time such decree is pronounced, and such person or
persons shall, within two years after making such decree, come
into this state, or 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 their coming into this state, and
the heir or representative, being of age, shall come into this state
within two years after such death, or if such heir or representative
be an infant, feme covert, or non compos mentis, come into
this state
within two years after such disability removed, shall not, within
six months after such coming into this state, appear and petition to
have the cause reheard, such decree so as aforesaid made shall
stand confirmed; but if any person or persons interested or affected
by the said decree as aforesaid, shall appear and give security to
pay the costs incurred by the plaintiff or plaintiffs in the said suit,
within the term of six months after their said coming into this
state as aforesaid, the same proceedings shall be had for the determination
of the said suit as if the defendant or defendants, or other
persons interest therein, had originally appeared to the said suit,
and no former decree had been made; and if such defendant or defendants,
their heirs, executors or administrators, or any person
or persons claiming under them, or any person or persons interested
in the said decree, shall neglect to file their petition as aforesaid,
within the time limited as aforesaid after coming into this state,
then such decree, made as aforesaid, shall stand absolutely confirmed. |
Decree made
against any person
out of the
state, &c. shall
stand confirmed
unless, &c. |
4. AND, whereas disputes may arise between
the purchasers of
confiscated property and the state, respecting their contracts and
purchases, BE IT THEREFORE ENACTED, That the chancellor shall
have full power and authority to hear and determine all such disputes,
by making the attorney-general a party, who shall appear
to, answer and defend, the said suit on behalf of the state, and
upon hearing may make such order and decree therein as shall be
agreeably to equity and justice, and the same proceedings shall be
had, and the same rules of decision shall prevail, as in disputed
cases between individuals. |
Chancellor may
hear disputes, &c. |
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