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APPENDIX——CHANCERY LAWS.
NOVEMBER SESSION, 1792.
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CHAP. XLI.
A Further Supplement to the act*, entitled, An act to enlarge the
powers of the High Court of Chancery. Lib.
JG. No. 1, fol. 611. |
NOV. 1792.
CHAP. 41.
Passed Dec. 22, 1792.
* 1788, ch. 72. |
WHEREAS the acts of assembly of this state giving
power to the
chancellor to decree in certain cases against persons residing in
order of the United States, and against persons residing beyond
seas, have omitted to extend the said power to cases where the
party or parties against whom relief is or may be wanted have or
shall remove out of this state to parts unknown: And whereas it is
attended with great difficulty and expense to give such notice as
the said acts require to persons resident in some one of the United
States, or in parts beyond sea; therefore, |
Preamble.
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2. BE IT ENACTED, by the General Assembly
of Maryland, That
in all cases where any person or persons, his or their heirs, devisees
or representatives, are bound by any contract or agreement,
and are nonresidents of this state, if any bill is filed against such
person or persons, his or their heirs, devisees or representatives,
nonresidents as aforesaid, to compel a specific performance of such
contract or agreement, the chancellor shall and may, without the
appearance of or hearing of the defendant or defendants, proceed
to such decree as the justice and equity of the case may require;
provided, that the complainant or petitioner shall give such notice
of his or her application, in news-papers or otherwise, as the chancellor
shall direct; and every such decree shall have the same operation,
effect and consequences, as a decree in virtue of the act
aforesaid against persons residing in any of the United States, to
which this is a supplement. |
In certain cases
chancellor may
decree, &c. |
3. AND BE IT FURTHER ENACTED, by the General
Assembly of
Maryland, That in case any deed hath been, or hereafter shall be,
executed, to the validity of which deed recording is necessary, and
such deed hath not been, or shall not be, recorded agreeably to
law, without any fraudulent intention of the party claiming under
the same, the chancellor, upon petition of the party to whom the
said deed was executed, or of his, her or their legal representative,
or of any of them, claiming the land or other thing conveyed, or
intended to be conveyed, by such deed, and without the appearance
or hearing of the defendant or defendants, shall have power to decree
the recording of the said deed in the county or general court
records, within such time from the date of the decree as it ought
originally to have been recorded from the date of the deed; and
that the deed, when so recorded, shall have the same effect and
consequence as if recorded agreeably to the twelfth (a) section
of
the act, entitled, An act for enlarging the powers of the high court
of chancery; provided, that the petitioner or petitioners shall give
such notice of his, her or their application, as the chancellor shall
direct.
(a) See note (a) to the 11th section of the act of 1785, ch. 72. |
May order deeds
to be recorded,
&c. |
4. AND BE IT ENACTED, That if any person,
having contracted
for the sale of any lands, tenements or hereditaments, and not
having conveyed the same, hath died, or shall die, without leaving
an heir known of and capable of inheriting his real estate, it shall
be lawful for the chancellor, upon a bill filed by the person entitled |
And, by decree,
vest the legal title,
&c. |
VOL. IV.
54
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