| 1785.
CHAP.
LXXII. |
LAWS of MARYLAND.
subject, and the person having a right to the mortgaged premises as
security
for money, tobacco, or any other valuable thing, is a citizen of this,
or
any of the United States, and the day of payment is elapsed, it shall
and may be lawful for such person claiming the mortgaged premises aforesaid
to file his bill for foreclosure of such mortgage, and to serve the attorney-general
with notice of such bill, who shall thereupon appear, plead
or answer, and defend, on behalf of this state, and there shall be
the same
proceedings and decree as in other cases of bills for foreclosing mortgages. |
Mortgager of
real property,
&c. may file
his bill, &c. |
XXXII. And be
it enacted, That if any mortgager of real property
within this state to a citizen of this state, or any person claiming
under
such mortgager, shall reside out of this state and within any other of
the
United States, the complainant may file his bill for foreclosing such
mortgage
in the high court of chancery, and upon service of notice thereof on
the defendant, or inserting the same in the public newspapers of the state
where such defendant resides, after such bill is filed, for twelve
weeks
successively, and making proof before some judge or justice of the general
or supreme court of such state that such notice has been given personally,
or by advertisement as aforesaid, and the same proof being property certified,
and the defendant fails to appear and answer to such bill within
nine months after such notice proved and certified as aforesaid, or such
longer
time as the chancellor shall grant, such bill shall shall be taken pro
confesso,
and thereupon such proceeding and decree shall be had and made as the
chancellor shall judge proper; and if the defendant be an infant, idiot,
lunatic, or non compos mentis, the chancellor shall have full power and
authority to proceed as by this act is directed in the case of residents
of
this state. |
Bill being
filed, &c. shall
be taken pro
confesso, &c. |
XXXIII. And
be it enacted, That if any person shall file a bill against
any defendant or defendants residing within this state, in which it shall
be proper and necessary to join other defendant or defendants residing
out
of this state, whether in the United States or any other country, upon
notice given and proved as aforesaid, and upon failure to appear and answer
as aforesaid, the bill shall taken pro confesso against the defendant
or defendants failing to appear and answer, and decree shall be given as
aforesaid. |
Chancellor
may appoint
a messenger,
&c. |
XXXIV. And be
it enacted, That the chancellor shall and may nominate
and appoint a messenger to attend the chancery court, and to serve,
execute, and carry into effect, such process, orders and decrees, thereof,
as
the chancellor may direct, and the parties require to be directed or delivered
to such messenger, to be by him served, executed, or carried into effect;
and the said messenger so nominated and appointed is hereby, upon his
being qualified according to law and taking an oath well and truly to observe,
perform and fulfil the office of messenger to the chancery court, according
to law, and the best of his understanding, fully authorised, empowered
and commanded, to serve, execute, obey, and carry into effect,
all and every the process, orders and decrees, of the chancery court, of
every nature and kind, and in every and any part of the state which
may be, by the order of the chancellor, and the request of the parties,
directed or delivered to the said messenger, to be by him served, executed,
or carried into effect, and to make true and faithful returns of such
process and orders, according to the tenor and import of the same, hereby
giving also to the said messenger full power and authority to summon and
call in aid, if need be, the power of the county, for the purpose of serving,
executing, obeying, and carrying into effect, the process and orders of
the said court; and the chancellor may at any time discharge the said
messenger from his office aforesaid, or upon his death, or refusal to act,
another in his stead nominate and appoint, who shall have the same power |
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