| NOV. 1792.
CHAP. 41. |
APPENDIX——CHANCERY LAWS.
to the conveyance, and such notice being given in the public news-papers,
or otherwise, as the chancellor shall direct, to decree that
the legal title and estate shall be vested in the person entitled to
such conveyance, according to the terms of the contract, and thereupon,
and by virtue of such decree, such legal title and estate shall
be transferred and vested accordingly; and if the person filing his
bill as aforesaid shall not have paid the whole purchase money, the
chancellor may order that such purchase money shall be paid, or
secured in such manner as he shall think most safe and proper, for
the benefit of the legal representative of the person dying as aforesaid. |
Persons aggrieved
&c. may have a
review, &c. |
5. PROVIDED ALWAYS, That if any person or
persons against
whom any decree shall be made by virtue of this act, his, her or
their heirs, devisees or representatives, or any person claiming under
them, shall appear in the court of chancery at any time not
exceeding eighteen calendar months from the time of making such
decree, and request a review of the same, the chancellor, upon a
bill filed by such person or persons, shall proceed to an examination
of the matters in dispute, and to a final decree according to
the equity of the case, in the same manner as if the said person or
persons, or those under whom they claim, had originally appeared
before him. |
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Passed Dec. 28, 1793. |
NOVEMBER SESSION, 1793.
—
CHAP. LXXV.
An Act relative to Appeals to be prosecuted or Injunctions to be
obtained
by Executors or Administrators.
Lib. JG. No. 2, fol. 125. |
| Preamble. |
WHEREAS injustice may be done to executors and administrators
from the nature of the bonds at present required from them on obtaining
writs of error, and injunctions out of the court of chancery, |
Chancellor to
prescribe the penalty,
&c. on removal,
&c. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
hereafter, when an application shall be made to the said court by
any executor or administrator for a writ of error to remove a
cause form the county court to the general court, or from the general
court to the court of appeals, the chancellor, on a statement
by such executor or administrator of facts, supported by affidavit,
or other proof, shall have power and discretion to prescribe the
penalty of the appeal bond, which by law is in such cases directed
to be taken. |
And on injunction,
&c. |
3. AND BE IT ENACTED, That whenever an application
shall
be made to the court of chancery by bill, in the usual manner, for
an injunction to stay proceedings at law, the chancellor shall have
full power and discretion to prescribe the penalty of a bond, which
shall be executed to the plaintiff or plaintiffs at law, with a surety
or sureties approved by the chancellor, before the said injunction
shall be granted; that the condition of the said bond shall be, to
perform such order or decree as the chancellor shall finally pass in
the cause on the hearing of both parties; and that whenever an injunction
shall be obtained from the court of chancery by an executor
or administrator, on filing a bill and executing a bond as aforesaid, |
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