| DEC. 1818.
CHAP. 193. |
APPENDIX—— CHANCERY LAWS.
think just and equitable, not exceeding one seventh part,
nor less than one tenth
part of the net proceeds of the sale according to the age, health and condition
of
the widow. |
Where sales have
been or shall be
made under supposed
authority
from a will, courts
to have a discretionary
power to
confirm them. |
9. AND BE IT ENACTED, That where sales have
been or shall be
made by executors, under a supposed authority derived from a will,
the chancery court, and the county courts as courts of equity, shall
have a discretionary power to confirm such sales on hearing, or in
cases where bills may be taken pro confesso. |
Widows shall be
entitled to dower
in lands held by
equitable title in
the husband, &c. |
10. AND BE IT ENACTED, That widows shall not
be entitled to
dower in lands held by equitable title in the husband, unless the
same be devised by a will made before the passage of this act; but
such right of dower shall not operate to the prejudice of any claim
for the purchase money of such lands, or other lien on the same; and
tenants by the curtesy shall be entitled for life to lands held by
equitable title, but not to the prejudice of any claim for the purchase
money of such lands or other lien on the same. |
Provisions of act
of 1797, concerning
partition, extended
to cases
where all the persons
reside out of
the state. |
11. AND BE IT ENACTED, That the provisions
of the fifth section
of the act of seventeen hundred ninety-seven, chapter one hundred
and fourteen, concerning partition, be extended to cases where
all the persons reside out of the state. |
In case of lands
descending to minors
residing out
state, on bill filed,
court to commission
three persons
to appoint a guardian
to defend suit. |
12. AND BE IT ENACTED, That in case of lands
in this state descending
to minors residing out of this state, on a bill filed by the
prochein ami of any such minor, the sid courts may issue a commission
to three persons in the state where the infants reside, authorising
them, or any two of them, to go to the infant or infants,
and appoint a guardian, for the purpose of answering and defending
the suit, and authorising them to take and return such answer,
and on return of the same, there may be the same proceedings as
if the infant defendants had been regularly summoned, and had
been heard by a guardian appointed by the court. |
Courts may decree
a sale of such lands
if it shall appear
to be for benefit of
such infants. |
13. AND BE IT ENACTED, That the said courts
may decree a
sale of such lands, if it shall appear to be for the benefit and advantage
of such infants, and may order or not, in their discretion,
a commission to take depositions in the case, as to them shall appear
necessary, and upon such terms as they may judge right and
proper. |
In case of appeals
where proper parties
have not been
made, court of appeals
may either
reverse decree or
award a new trial. |
14. AND BE IT ENACTED, That when on appeal
from any decree
in the chancery court, or a county court as a court of equity, it
shall appear that the proper parties have not been made, the court
of appeals may, in their discretion, either reverse such decree without
prejudice to another bill, or award a new trial on such terms
as the court may deem equitable, specifying in the order for a writ
of procendendo, the parties to be made, and the decree to be made
thereon shall not be liable to reversal for the want of any other
parties that may be alleged. |
|
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Passed Feb. 10, 1820. |
DECEMBER SESSION, 1819.
—
CHAP. CXLIV.
An Act relating to the Chancery Court, Court of Appeals, the County
and Orphans Courts, and for other purposes. |
In cases where
courts are authorised
to order an
investment in the
funds, they may
direct the same to
be loaned out, &c. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
in all cases in which the court of chancery, the county and orphans
court, are authorised to order an investment in the funds, that they |
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