| NOV. 1791.
CHAP. 79. |
APPENDIX——CHANCERY LAWS.
reside out of this state, unless on the appearance of the defendant,
which cannot be obtained; |
Where deeds are
not recorded, party
may not file his bill,
&c. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
in case any deed hath been or shall hereafter be executed, to the
validity of which recording is necessary, and such deed hath not
or shall not be recorded agreeably to law, without any fraudulent
design or intention of the party claiming under the same, and the
person who hath executed or shall execute such deed, his devisee or
representatives, are or may be nonresidents of this state, it shall
and may be lawful for the party claiming under such deed to file
his bill or petition in chancery, praying the order and decree of the
said court for recording such deed, and the chancellor thereupon,
without the appearance of or hearing the defendant or defendants,
shall have the same power and authority to order and decree the recording
of such deed, as he hath in the cases mentioned in the
twelfth (a) section of the act to which this is a supplement; provided,
that the complainant or petitioner shall give such notice of his application
in news-papers, or otherwise, as the chancellor shall direct.
(a) See note (a) to the 11th section of the act of 1785, ch. 72. |
Deed to have operation,
&c. |
3. AND BE IT ENACTED, That every deed, recorded
in pursuance
of this act, shall have the same operation, effects and consequences,
and be liable to the same provisions, as a deed recorded
under a decree in virtue of the act to which this is a supplement. |
In certain cases
chancellor may
decree a performance,
&c. |
4. AND, whereas infants, idiots, lunatics,
and persons who are
not of sound mind, seized of lands, tenements and hereditaments,
may be compelled to convey the same, by decree of the court of
chancery, for a specific performance of agreements made by the
persons under whom they claim, provided application be made to
the chancellor by the parties entitled to a conveyance (b), but there
is no legal provision for such a decree, as to the circumstances of the
case may require, upon application made by the representatives or
person interested in the estate of a person who makes a contract
for the sale of his lands, BE IT ENACTED, That if any person,
seized of land, tenement and hereditament, hath made or shall make
a contract for the sale and conveyance thereof, and hath died or
shall die without performing his part of the agreement, having devised
or left the said land, tenement or hereditament, to descend to
a person under twenty-one years of age, or to an idiot, lunatic, or
person non compos mentis, in any such case, the chancellor, on application
by bill or petition of any representative of the deceased,
interested immediately in having such agreement specifically performed,
and on hearing all parties concerned, shall have full power
to decree a specific performance, and to direct a conveyance by
trustee or guardian, or to decree otherwise, as justice and the established
principles of chancery shall require; provided nevertheless,
that in the case of an infant, no decree shall be made for a
specific performance in virtue of this act, unless it shall appear that
the guardian or guardians of the infant have consented thereto, or
unless the chancellor shall be satisfied that such infant or infants
will not be in any manner injured thereby.
(b) See November, 1773, ch. 7. |
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