| NOV. 1797.
CHAP. 114.
Passed Jan. 21, 1798. |
APPENDIX——CHANCERY LAWS.
CHAP. CXIV.
An Act relative to Proceedings in the Court of Chancery and Land-Offices,
and to the Real Estates of Persons dying intestate.
Lib.
JG. No. 2, fol. 765. |
Preamble.
* 1736, ch. 45. |
WHEREAS the late act to direct descents* hath rendered
it in
many cases difficult, on account of the great number of heirs, to
obtain such decree against heirs as might be obtained against the
ancestor if alive; |
On any bill filed,
chancellor may
pass an order, &c. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
on any bill in the court of chancery filed, or to be filed, against
the heirs of any person deceased, the chancellor, at his discretion,
may, on the appearance of such person or persons as would have
been sole heir or only heirs in case the said act had not been made,
pass an order, to be published in some convenient news-paper at
least three weeks successively, giving notice of the substance and
object of the bill, and appointing a day, not less than four months
subsequent to the publication, for each of the heirs to appear and
shew cause wherefore a decree should not pass, as prayed; and
on proof to the chancellor's satisfaction of the due publication, the
suit may be carried on between the complainant and the defendant
appearing as aforesaid, and any other heirs or heir appearing in
consequence of the notice, and there may be the same decree, and
it shall have the same effect, as if the heirs of the person deceased
had appeared and defended the suit; provided nevertheless, that the
answer of the heir or heirs appearing shall not operate against any
absent heir, otherwise than if such absent heir had appeared, and
defended the suit, but the chancellor, on application of the complainant,
may, at discretion, either take the bill pro confesso as to
all absent heirs of the deceased, or direct a commission to issue
for taking depositions ex parte, and receive such proof as he may
think proper; provided also, that if any heir of the deceased shall,
in person or by a solicitor, appear in court at any time before a
decree shall be passed, and shall, on or before the fourth day of the
subsequent term, put in a good and sufficient answer to each interrogatory
stated in the bill, or a good plea or demurrer to the same,
the proceedings shall thereafter be the same as if such heir had
regularly appeared to a summons; and if at any time within nine
months after a decree passed without his appearance, any heir
shall appear, and file a petition, praying the chancellor to set aside
the decree, and likewise answer, plead or demur as aforesaid, the
chancellor shall accordingly annul the decree as to such heir, and
there shall be the same proceedings for the purpose of deciding the
cause on its merits, as if the said heir had regularly appeared to a
summons. |
And in certain
cases direct publication,
&c. |
3. AND BE IT ENACTED, That in case a subpœna
to a bill in
chancery shall be regularly returned non est by the sheriff of any
county within this state where the defendant shall be known, or
generally supposed to reside, and the chancellor shall be satisfied,
by the affidavit of some indifferent person or persons, of the said
known or supposed residence, and of the defendant's having avoided,
or kept out of the way of the sheriff, or evaded the service of
the subpœna, the chancellor, on motion, may direct publication to
be given in some news-paper convenient to the known or supposed
residence of the defendant, at least three weeks successively, of |
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