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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 835   View pdf image (33K)
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8 & 9 W. 3, CAP. 31, PARTITION, 835
or Attachment, cause an Appearance to be entred in such Court
where such Writ of Pone or Attachment shall be returnable,
then, hi Default of such Appearance, the Demandant having
entred his Declaration, the Court may proceed to examine the
Demandant's Title, and Quantity of his Part and Purport,
and accordingly, as they shall find his Bight, Part and Purpart
to be, they shall, for so much give Judgment by Default, and
award a Writ to make Partition, whereby such Proportion,
Part, and Purpart may be set out severally; which being exe-
cuted after Eight Days' Notice given to the Occupier, or Tenant
or Tenants of the Premisses, and returned, and thereupon final
Judgment entred, the same shall be good, and conclude all
Persons whatsoever, after Notice as aforesaid, whatever Right
or Title they have or may at any time claim to have in any of
the Manors, Messuages, Lands, Tenements, and Hereditaments,
mentioned in the said Judgment and Writ of Partition, al-
though all Persons concerned are not named in any of the Pro-
ceedings, nor the Title of the Tenants truly set forth.
II. Provided always, That if such Tenant or Person con-
cerned, or either of them, against whom, or their Eight or
Title, such Judgment by Default is given, shall, within the
space of One Year after the first Judgment entred, or in case
of Infancy, Coverture, Non sanae memoriea, or Absence out of
the Kingdom, within One Year after his, her, or their Return,
or the Determination of such Inability, apply themselves to
the Court by Motion where such Judgment is entred, and shew
a good and probable Matter in bar of such Partition, or that
the Demandant hath not Title to so much as he hath recovered,
then in such Case the Court may suspend or set aside such Judg-
ment, and admit the Tenant and Tenants to appear and plead,
and the Cause shall proceed according to due Course of Law,
as if no such Judgment had been given: And if the Court, upon
hearing thereof, shall adjudge for the first Demandant, then the
said first Judgment shall stand confirmed, and be good against
all Persons whatsoever, except such other Persons as shall be
absent or disabled as aforesaid; and the Person or Persons so
appealing shall be awarded thereupon to pay Costs, or if within
such Time or Times aforesaid, the Tenants or Persons con-
cerned, admitting the Demandant's Title, Parts, and Purparts,
shall shew to the Court any Inequality* in the Partition 613
the Court may award a new Partition to be made, in presence
(54)

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 835   View pdf image (33K)
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