| 1785.
CHAP.
LXXII. |
LAWS of MARYLAND.
idiot, or person non compos mentis, which the chancellor, upon
hearing as aforesaid, and examination into all the circumstances, shall
think
for the interest and advantage both of such infant, idiot, or person non
compos mentis, and of the other person or persons interested therein, to
be confirmed, the chancellor may confirm such contract, and order a deed
to be executed according to the contract; and all sales and deeds made
in pursuance of and agreeably to an order of the chancellor, in consequence
of the above power, shall be good and sufficient in law to transfer the
estate and interest of such infant, idiot, or person non compos mentis,
in
such lands, tenements or hereditments, according to the true intent and
meaning of such deeds respectively; and in all cases of deeds executed
in consequence of the above power, the deed shall be executed and acknowledged
by such person or persons as the chancellor shall appoint for
this purpose. |
Decree shall stand,
&c. |
XIV. And be
it enacted, That in all cases where a decree of the chancellor
shall be made for a conveyance, release or acquittance, and the party
against whom such decree shall pass shall neglect or refuse to comply
therewith, such decree shall stand, be considered and taken, in all courts
of law and equity, to have the same operation and effect as if the
conveyance,
release or acquittance, had been executed conformably to such
decree. |
Parties shall
have a right to
be present at
the execution
of all commissions,
&c. |
XV. And be it
enacted, That the parties, and their attornies or agents,
shall have a right to be present at the execution of all commissions hereafter
to be issued from the court of chancery, for examining witnesses and
taking evidence, and the interrogatories of the respective parties shall
be read
by the commissioners so that they may be heard by the parties, their attornies
or agents, respectively, if they choose to attend, and each party
shall, on application, have a right to a copy of the interrogatories of
the
adverse party, to be delivered by such party before any witness is examined
on such interrogatories, and if either party shall, after witnesses are
examined
on the interrogatories of the adverse party, desire the commissioners
to adjourn to a future day for the purpose of receiving additional
interrogatories, proofs and witnesses, it shall be done by the commissioners,
and the commissioners shall receive such additional interrogatories
in writing, and take the proofs and evidence offered, and shall give each
party a fair opportunity of adducing all his testimony; but if the party
requiring an adjournment for the purpose aforesaid, shall neglect or refuse
to exhibit his interrogatories, and produce his evidence, at the meeting
in
consequence of such adjournment, and it shall appear to the commissioners
that delay and procrastination is affected by such party, then no further
time shall be given him for the purpose aforesaid. |
Allowance to
commissioners,
&c. |
XVI. And be
it enacted, That each commissioner to take evidence,
acting in consequence of an appointment from the chancery court, shall
Be allowed twenty shillings current money per day for every day he shall
actually serve in the execution of such commission, to be paid by the parties
according to the time that such commissioner serves in taking the testimony
of such parties respectively, and to be taxed in the bill of costs of
the party for whom the decree of the chancellor shall pass in the cause. |
And witnesses,
&c. |
XVII. And be
it enacted, That a witness attending commissioners in
consequence of summon by them issued, or the request of either party,
shall be allowed five shillings per day for every day's attendance, and
itinerant
charges, to be ascertained by the commissioners, which allowance
shall be paid by the party summoning or requesting such witness to attend,
and shall be taxed in the bill of costs as aforesaid. |
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