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APPENDIX——CHANCERY LAWS.
and shall decree a sale only in those cases where, under all circumstances,
the court shall be satisfied that a sale would be for the interest
and advantage of the infant or infants.
See 1816, ch. 154. |
DEC. 1817.
CHAP. 133. |
3. AND BE IT ENACTED, That the said commissioners,
or a
majority of them, before they proceed to act, shall take an oath, or
affirmation, that they will impartially ascertain the quality and value
of the said lands, with the advantages and incumbrances attending
the same, and a true report thereof make to the best of their
skill and judgment. |
Before they proceed
to act to take
an oath. |
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CHAP. CXCIII.
An Act to declare and enlarge the powers of the Court of Chancery,
and the County Courts as Courts of Equity. Lib.
TH. No. 3, fol.
414. |
Passed Feb. 17, 1819. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
appeals from orders of the said courts, as referred to in the twenty-seventh
section of an act of seventeen hundred and eighty-five,
chapter seventy two, be confined to decretal orders. |
Certain appeals to
be confined to decretal
orders. |
2. AND BE IT ENACTED, That the provisions
of the fifth section
of the said act, and of the several acts supplementary thereto, in
relation to the sales of real estate, be extended to defendants of full
age. |
Certain provisions
of former acts extended
to defendants
of full age. |
3. AND BE IT ENACTED, That the provisions
of the fifteenth
section of the said act, be extended to the clerk employed on every
commission. |
Also to clerk employed
on every
commission. |
4. AND BE IT ENACTED, That under the twenty-fifth
section of
the aforesaid act of seventeen hundred and eighty-five, it shall not
be necessary to make any demand of a compliance with the decree,
(as the practice has been,) to entitle the party obtaining the decree
to process thereon. |
Not necessary to
make demand of
compliance with
decree to entitle
party to process. |
5. AND BE IT ENACTED, That in cases wherein
a power is given
to take bills pro confesso, or to issue a commission ex parte,
a decision
may be made against the defendants absent making default,
on the testimony taken between the parties, instead of issuing such
commission. |
In cases where a
power is given to
take bills pro confesso,
decision
may be made
against defendants
making default,
on testimony
taken between |
6. AND BE IT ENACTED, That in addition to
the powers given
in regard to sheriffs and other officers, by the twenty-third section
of the said act, the provisions of the act of seventeen hundred and
ninety-seven, chapter forty-three, be extended to the court of chancery,
and the county courts as courts of equity. |
parties.
Provisions of act
of 1797 extended
to court of chancery
and county
courts as courts of
equity. |
7. AND BE IT ENACTED, That the provisions
of the act of eighteen
hundred and sixteen, chapter one hundred and fifty-four, be
extended to equitable titles to real estates. |
Provisions of act
1816 extended to
equitable titles to
real estates. |
8. AND BE IT ENACTED, That a sale of real
estate may be decreed
in the discretion of the chancery court, and the county courts
as courts of equity, in order to save the personal, with the consent
of all parties of full age, and the actual guardian of minors.
By 1819, ch. 183, where any real estate
is decreed to be sold under this section,
and a widow is entitled to any right of dower in such real estate, the
trustee, (with
the consent in writing of the widow,) shall sell the estate free and disencumbered
of any right of dower of the widow, and in consideration thereof the chancellor,
&c. shall award to the widow such proportion of the purchase money
as he shall |
Sale of real estate
may be decreed to
save the personal,
with the consent
of parties. |
