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APPENDIX——CHANCERY LAWS.
the filing of the bill, and of its substance and object, and of the
same day by him fixed, not less than four months subsequent to the
publication, for the defendant's appearance in court, either in person
or by solicitor; and on the defendant's failing to appear, and
on satisfactory proof of the notice published, the chancellor, on
motion, may proceed in the same manner as is prescribed by law
in the case of a bill filed against a nonresident; provided, that the
said defendant have the same privilege as is herein before given to
an absent heir, to appear, either before or after a decree; and every
part of the provision herein contained, respecting the proceedings
on appearance of such heir, shall be construed to extend to such
evading defendant. |
NOV. 1787.
CHAP. 114. |
4. AND BE IT ENACTED, That in case any cause
hath been or
shall be set down regularly for hearing, or submitted to the chancellor
by both parties, as ready for his decision, and one of the parties
hath died, or shall die, after such setting down or submission, and
before a decree passed, having a solicitor in court, the said cause
shall not abate, and the chancellor may decree as if such deceased
party were alive, and the decree shall have the same effect as if it
had been passed against the deceased, except that it shall not entitle
the complainant to a preference in the distribution of assets,
either real or personal. |
Certain causes
shall not abate, &c. |
5. AND, whereas it is doubtful whether or
not there is any method
of proceeding, whereby a person, holding land jointly or in
common with an infant residing out of the state, may obtain partition
of the said land, BE IT ENACTED, That on a bill filed, for
the purpose of obtaining partition of land held jointly or in common
with an infant residing out of the state, the chancellor, on the
complainant's motion, may direct a commission to issue unto three
persons, such as he shall approve, authorising them, or two of
them, to go to the infant, and appoint a guardian for the purpose
of answering and defending the suit, and authorising them likewise
to take the answer and return it to the court; and in receiving such
answer, there may be the same proceedings as if the defendant had
been regularly summoned, and had been heard by a guardian appointed
by the court.
By 1794, ch. 60, s. 8, the chancellor
may order and decree partition to be made
in case any infant, idiot, &c. shall have a joint interest or interest
in common
with any other person in lands, &c.
By 1818, ch. 193, s. 11, the provisions of this section,
concerning partition, are
extended to cases where all the persons reside out of the state. |
Chancellor may
direct a commission
to issue, for
obtaining partition
of land held
jointly or in common
with a nonresident,
infant, &c. |
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NOVEMBER SESSION, 1798.
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CHAP. LXXXIV.
An Act respecting Proceedings in the High Court of Chancery.
Lib.
JG. No. 3, fol. 164. |
Passed Jan. 18, 1799. |
WHEREAS doubts have arisen, under the existing powers
vested
in the court of chancery, that the production of books and papers
in the possession of either complainant or defendant, and which
relate to the matters in issue between the parties, cannot be compelled
or enforced, whereby in many instances the ends of justice
cannot be obtained; therefore, |
Preamble. |
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