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APPENDIX——CHANCERY LAWS.
calendar months from the date of the decree, or within six such
months after the said infant shall attain the age of twenty-one
years, and likewise for any heir of the said infant, in case the said
infant shall not so long live, within six months after the death of
the said infant, or within six months after such heir shall attain
such age, to shew cause wherefore the decree ought not to have
been passed; and the bill to be filed by such infant or heir for
shewing cause as aforesaid shall, as the case may require, either
be filed against the original complainant or complainants, or any
person or persons claiming or holding under him, her or them,
and on such bill filed, the chancellor shall, at discretion, direct
either the usual proceedings by subpœna, or such notice as he shall
think proper, according to the nature of the case, of the bill and
of its substance and object, and of a day by him limited, not less
than four months after notice, for the defendant or defendants to
file an answer to such bill of revision; and if an answer be not accordingly
filed, the chancellor may proceed to a reconsideration or
revision of the decree before passed, or he may direct depositions,
or other proofs, ex parte, to be received as evidence in addition
to
the former proceedings; and in case of the defendant's appearing
to such bill of revision, additional evidence and proceedings may
be had, and the chancellor shall pass such decree for or against the
original complainant or complainants, or his, her or their representative
or representatives aforesaid, or person or persons having
the benefit of the original decree, as the established principles of
equity shall to him appear, under all the circumstances of the case,
to require. |
NOV. 1799.
CHAP. 79. |
5. AND, whereas in certain cases, and particularly
where a defendant
hath been duly summoned, and has stood out of the process
of the court, the chancellor is by law directed absolutely to
take the bill pro confesso, and in other cases of non-appearance
of
the defendant, he may at discretion either take the bill pro confesso,
or direct a commission for taking depositions: And whereas it appears
unreasonable that in any case whatever the chancellor should
be directed absolutely to take the bill or bare allegations of a
suitor pro confesso, BE IT ENACTED, That in all cases whatever,
where the chancellor is authorised to decree without the appearance
of the defendant or defendants, it shall be at the discretion of
the chancellor, either to take the bill pro confesso, or direct
a commission
for taking depositions ex parte, as by law is directed in
certain cases where the defendants are nonresidents. |
Bill may be taken
pro confesso, &c. |
6. AND BE IT ENACTED, That hereafter, with
the consent of the
party or parties in court, and with the approbation of the chancellor,
a commission for any purpose whatever, which may lawfully
issue from the chancery court in any cause there depending, or
hereafter to be instituted, may be directed to one person only, or
to three persons, with power to any two, and the person or persons
to whom it shall be directed shall have the same authority as has
heretofore been reposed in any greater number. |
A commission
may issue to one
person, &c. |
7. AND BE IT ENACTED, That in all cases where
land has escheated,
or shall escheat, to the state, or hath or shall become the
property of the state, from the purchase thereof by an alien, or
hath been confiscated as the property of a British subject, any person
having any claim to the said land, or any part thereof, or having |
In case of escheat
land, suit may be
brought, &c. |
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