| 1785.
CHAP.
LXXII. |
LAWS of MARYLAND.
current money, to be imposed by the court, and the costs incurred by
means thereof. |
|
XXVII. And,
to the end that all judgments and decrees of the court of
chancery, as well those which may pass upon bills or petitions taken pro
confesso, as in all other cases, may be speedily and effectually executed
and
fulfilled, Be it further enacted,
That the plaintiff having obtained a
judgment or decree, and having served the defendant therein named with
an attested copy thereof under seal, upon affidavit made to the satisfaction
of the court of such service, and the refusal, neglect or delay, of the
defendant to obey, fulfil and perform, the same, or leaving an attested
copy under seal of the said decree at the dwelling-house or last place
of
abode of the defendant, and upon affidavit thereof made to the satisfaction
of
the court, that the defendant could not or would not be found, so as to
be
personally served with such copy of the decree, or the plaintiff making
it appear
to the satisfaction of the court, by affidavit, that reasonable endeavours
have been used to serve the defendant with an attested copy of the decree,
and give him due notice thereof, but that the defendant could not or
would not be found so as to be served personally with the same, it shall
and may be lawful for the chancellor to issue attachment of contempt,
attachment with proclamations, and also sequestration, against the
defendant,
until the decree shall be fully performed, fulfilled and executed,
and the contempts cleared, or of order process of sequestration to issue
to
compel a performance of the sid decree by an immediate sequestration of
the real and personal estate and effects of the defendant, or such part
thereof as may be sufficient to satisfy the demand of the plaintiff in
the
decree specified and decreed, and to clear the contempts, or to issue
fieri
facias against the lands, tenements or hereditaments, goods and chattels,
of the defendant or defendants, upon which sufficient property shall be
taken and sold to satisfy the demand of the plaintiff in the decree specified,
or a capias ad satisfaciendum may be issued against the defendant or
defendants by the chancellor, upon which there shall be the same proceeding
as at law, or the chancellor may cause by injunction the possession
of the estate and effects demanded by the bill or petition, and whereof
the possession or a sale is decreed, to be delivered to the plaintiff,
or otherwise,
according to the tenor and import of such decree, and as the nature
of the case may require, and in case of sequestration, the court shall
and
may order payment and satisfaction to be made out of the estate and effects
so sequestered, according to the true intent and meaning of the decree;
upon any process of contempt issued to compel the performance of any
decree of the chancery court, it shall and may be lawful for the said court,
upon motion, to order such defendant to stand committed, or may order
his estate and effects to be sequestered, and payment made as above directed,
or possession of his estate and effects to be delivered, by injunction,
as above
directed, until such decree or order shall be fully performed and executed
according to the tenor and true meaning thereof, and the contempts cleared:
That upon any demurrer or plea being over-ruled upon argument, or otherwise,
or being withdrawn, without leave of the chancery court, the party
whose demurrer or plea is so over-ruled or withdrawn, shall pay to the
opposite
party the um of five pounds current money, and the costs thereof, and be
in
contempt until the said sum of money and costs are fully discharged and
paid. |
Certain process
to be
omitted. |
XXVIII. And
be it enacted, That in all cases in chancery, the process
of commission of rebellion, and sergeant at arms, shall be omitted as unnecessary. |
Appeals to be
made within 9
months. |
XXIX. And be
it enacted, That all appeals from the decisions, orders
and decrees, of the chancery court, in cases where appeals property lie, |
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