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APPENDIX——CHANCERY LAWS.
the chancellor shall have full power and discretion to decree
against such executor or administrator, as equity and good conscience
shall to the chancellor seem to require. |
NOV. 1793.
CHAP. 75. |
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NOVEMBER SESSION, 1794.
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CHAP. LIV.
An Act for the amendment of the Law in certain cases. Lib.
JG.
No. 2, fol. 233. |
Passed 26th of
Dec. 1794. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
in case any sheriff or coroner shall be called upon by order of any
court of record within this state, or of the high court of chancery,
to make return of any writ of execution, and shall fail or omit to
make return thereof within the time limited by rule of court made
for that purpose, it shall and may be lawful to and for the judges
aforesaid to cause judgment to be entered up, in the name of the
plaintiff or plaintiffs, against such sheriff or coroner, for the
amount of the debt or damages, and costs, recovered from the person
or persons against whose body, goods, chattels, land or tenements,
such execution shall have issued, which judgment shall have
the same effect, operation and validity, as any judgment rendered
upon any verdict of a jury.
By 1795, ch. 23, the same proceedings
shall be had on executions sent from
one county to another under the act of October, 1777, ch. 12. |
Judgment may be
entered against
any sheriff, &c. |
4. AND BE IT ENACTED, That upon motion made
to either of
the said courts for an order upon the sheriff or coroner to make
return of any writ of execution, or any original writ, as aforesaid,
the said court shall and they are hereby directed to make such
order of course, unless such sheriff or coroner shall, upon oath or
otherwise, satisfy the said court that the said writ was not received
by him, or to the best of his knowledge by any of his deputies. |
Court may make
an order, &c. |
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CHAP. LX.
A Further Supplement to an act*, entitled, An act for enlarging
the
power of the High Court of Chancery. Lib.
JG. No. 2, fol. 243. |
Passed Dec. 26, 1794.
* 1785, ch. 72. |
WHEREAS it frequently occurs, that persons residing
out of this
state, and beyond the reach of any of the process of the courts
thereof, have lands, tenements or hereditaments, within this state,
which they hold or claim by devise or descent, and the person or
persons from whom they derive their title to the same have contracted
debts within this state, or with some of the citizens thereof,
for the payment of which the said real estate is or ought to be
chargeable, and there is no remedy for the recovery of the said
debts, which justice requires; therefore, |
Preamble. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
in all cases where any person or persons, nonresidents of this
state, now is or are, or shall hereafter be, seized or possessed, or
have any right or title to any lands, tenements or hereditaments,
within this state, by devise or descent, and the person or persons
from whom such title is or shall be derived has contracted, or may |
In certain cases
chancellor may
decree, &c. |
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