| NOV. 1799.
CHAP. 79. |
APPENDIX——CHANCERY LAWS.
a lien or charge upon the same, or a title in equity, may bring
a suit against the state in any court of law or equity, as the case
may require, in the same manner as it might have been brought
against the person from whom it hath devolved on the state; and if
any such suit be brought in the chancery court, the attorney-general
shall be the defendant in behalf of the state, between
whom and the complainant or complainants there shall be such
proceedings as might have been between the said complainant or
complainants and the person whose title hath devolved on the state;
provided, that in no case shall the state be burthened with costs,
or otherwise in consequence of having the said title.
By 1805, ch. 93, the chancellor is empowered
to decree on bills filed, in all
cases where a citizen shall have purchased any land in this state, the
legal title
to which is in a British subject, or vested by law in the state, or where
a citizen
shall have a fair and equitable claim to any land so purchased. A
decree to be
made for payment of the money due, and a conveyance of the land; if nothing
is
due, or the party shall comply with the decree, the chancellor to convey
in the
name of the state, all the right vested in any British
subject, or in the state. By
1805, ch. 99, the chancellor on application of any person claiming lands
in virtue
of any deed of the commissioners of confiscated British property, and being
satisfied
that such claimant has an equitable title to the lands claimed, to execute
a
deed, in the name of the state, of such claimant, &c. |
All costs to be
charged to the
complainant, &c. |
8. AND BE IT ENACTED, That in cases whatever,
where a
suit shall hereafter be instituted against the state in the said court
of chancery, all costs in the said suit shall be charged to the complainant
or complainants, and the state shall not be answerable for
any part thereof, unless the chancellor shall be of opinion that the
necessity of bringing such suit hath not been owing to the fault or
negligence of the said complainant or complainants, and in case
the chancellor shall be of such opinion, he shall have power to decree
with respect to costs as to him justice shall seem to require;
provided, that in no case shall the state be liable to costs in which
it is not at present liable. |
Defendant appearing
to answer,
&c. |
9. AND BE IT ENACTED, That in case any defendant
shall hereafter
appear in the court of chancery, either in person or by a solicitor,
agreeably to an order limiting a day for such appearance,
or shall voluntarily so appear to a bill filed in chancery, he shall
put in a good and sufficient answer to each interrogatory contained
in the bill, or a plea or a demurrer to the same, on or before the
fourth day of the term succeeding such appearance, he shall otherwise
be liable to be proceeded against, if a resident of the state, as
if he had been duly summoned and appeared as in ordinary cases,
and if he be a nonresident, either the bill shall be taken pro confesso,
or, at the discretion of the chancellor, a commission shall issue
for taking depositions ex parte, and the chancellor may thereon
proceed to decree. |
Property taken
to be delivered
back, &c. |
10. AND, whereas it sometimes happens, that
an injunction from
the court of chancery prevents the sheriff from proceeding to sell
after he hath taken in execution property of a perishable nature,
and doubts are entertained respecting the power, duty and liability
of the sheriff, and whatever the law may be, great inconveniencies
must arise to one of the parties, or to the sheriff, whether injunction
be afterwards dissolved or decreed to be perpetual, BE IT ENACTED,
That in case any injunction from the court of chancery
shall hereafter issue to prevent a sheriff or other officer from selling
personal property taken in execution, immediately on the service |
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