COUNTY COURTS |
executed in some other place, the said court may
hold plea thereof, and decree according to the equity
of the case, which decree to have the same effect
as a decree of the chancellor, &c.
In case of a decree for the performance of a
contract to convey real property in a different county,
an office copy of such decree must be filed with the
clerk of the county where such real estate lies, and
be recorded,
Where two or more respondents reside
in different
counties, complainant may elect in which county to
file his bill, in such case a duplicate subpna shall
issue, and the same proceedings be had, &c. as if
the
respondent, &c. resided in the county where the bill
was filed,
County court to issue commission to
take answers,
as also the depositions of witnesses, as well in the
county where the bill is filed, as also in any county
where the witnesses, &c. reside,
Judges of the county courts authorised
to grant injunctions
during vacation, and also to direct any rule,
order, &c. to be entered, &c. to bring the cause
to
hearing, which injunction, &c. to have the same effect
as if entered during the regular term, &c.
County courts to issue subpna to
compel the appearance
of the party, and on failure to appear, or on
appearing, and failing to obey the order of the court,
to issue attachment, &c.
To issue subpnas against absent defendants,
directed
to the sheriff of the county in which such defendant
shall reside, sheriff to serve and return the
process, &c. and on failure of the party to appear,
or
on appearing, shall fail to comply with the order of
the court, attachment to issue directed as above, and
on failure of the sheriff to return any subpna, &c.
sheriff to be fined, &c.
Judges of the county courts may appoint
intermediate
terms for the transaction of business on the
equity side, and all process to be returnable to said
terms, &c.
County courts may, upon the application
of the
guardian or prochein ami of infants, possessed
of any
lands, &c. upon its appearing to be for the benefit
of
such infants, decree the sale of such lands, &c.
To appoint trustees, &c.
All sales made by the authority of
the county
courts, or chancellor, to be confirmed by them, upon
payment of the purchase money conveyance to be
made,
Allowance to the trustee, &c.
Proceeds of sales made by trustees
to be paid over to
the guardian, and by him vested, &c.
Directions relative to surplus interest,
Monies vested to be vested in the
name of infants,
and how to be transferred,
The principal arising from the sale
of any real
estate not to be applied towards the maintenance or
education of any infant, unless the chancellor or
county court think it necessary,
A widow entitled to dower consenting
to a sale,
&c. the chancellor or county courts may award such
proportion of purchase to such widow as he or they
may think just, &c.
Such award to bar the widow's
claim to
dower so sold,
In case of infant's death, &c.
proceeds of sale, &c.
to descend in the same manner as if no sale had been
made, |
Session
Ch. S.
1815 163 2
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1816 154 1
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