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APPENDIX——CHANCERY LAWS.
plaintiff or plaintiffs to proceed against every such defendant or
defendants, and his, her or their heirs, devisees, executors and administrators,
by a new execution, or such other process as the nature
of the case may require, for such sum of money or tobacco as
may remain unsatisfied on his, her or their judgment or decree, in
the same manner that he, she or they, might have done if such defendant
or defendants had not been arrested on the former writ of
execution. |
NOV. 1802.
CHAP. 109. |
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NOVEMBER SESSION, 1804.
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CHAP. CVII.
A Further Supplement to the act*, entitled, An act to enlarge the
powers of the High Court of Chancery. Lib. JG. No. 4,
fol. 699.
See 1807, ch. 140; 1806, ch. 55; May 1813, ch. 21. |
Passed Jan. 19, 1804.
* 1785, ch. 72. |
WHEREAS the acts of assembly of this state giving
power to the
chancellor to decree in certain cases against persons residing out
of the jurisdiction of the state of Maryland, do not extend the
said power to cases where the party or parties against whom relief
is or may be wanted have or shall remove out of this state to
parts unknown, and it cannot be ascertained whether the said party
be dead or living, or if dead, who are the legal representatives of
such person or persons; therefore, |
Preamble. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
in all cases where any person or persons are bound by any contract
or agreement, and are not residents of this state, or to be
found therein, and it cannot be ascertained whether the said party
or parties be dead or living, and if dead, who are the legal representatives
of such person or persons, or whether they have left
any, if a bill is filed against such person or persons, to compel a
specific performance of such contract or agreement, the chancellor
may, without the appearance of the absent parties, at discretion,
either take the bill pro confesso or issue a commission for taking
depositions, which commission may be executed ex parte, on the
non-appearance of the defendant or defendants in person, or by
solicitor or agent, and on the taking pro confesso, or return of
the
commission, the chancellor may proceed to such decree as the justice
and equity of the case may require; provided, that the complainant
or petitioner shall give at least six months notice of his
or her application, in such news-papers as the chancellor shall direct;
and every such decree shall have the same operation, effect
and consequences, as a decree in virtue of the act aforesaid against
persons residing in the state of Maryland who had appeared, and
such decree passed in the said court; provided always, that if any
person or persons against whom any decree shall be made by virtue
of this act, his or their heirs, devisees or representatives, or
any person claiming under them, shall appear in the court of chancery
at any time, not exceeding eighteen calendar months from the
time of making such decree, and request a review of the same, the
chancellor, upon a bill filed by such person or persons, shall proceed
to an examination of the matters in dispute, and to a final decree |
Chancellor may,
in cases of nonresidents,
take the
bill pro confesso,
&c. |
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