THOMAS W. VEAZEY, ESQUIRE, GOVERNOR.

1835.

SEC. 6. And, be it enacted. That the provisions of the

CHAP. 380.

att of November session, of the year eighteen hundred

Acts of 1804, ch. 107

and four, chapter one hundred and seven, shall extend

extended

to all cases in equity, in any wise concerning lands,

tenements or hereditaments, or any interest or benefit,

in, of, or from the same where the persons, who if

alive should be defendants, shall be known to have

died, whether having been residents or non-residents

of this State, and it shall not be known whether they

have left heirs or devisees proper to bo defendants, in-

stead of such deceased person, or if they shall have

left any, who are where they may be; Provided, how-

ever, that the court be satisfied that diligent search has

been made for the ascertainment and discovery of such

heirs or devisees, and that they have not been found

within this State; and the provisions of this section,

and of the act aforesaid, shall be construed to extend to

all equitable as well as legal estates or interests.

SEC. 7. And be it enacted, That when the court of

Bonds may be ta-

chancery or any county court as a court of equity

ken as public bunds

shall require bond, with or without security, to be

given in any case, and the parties concerned therein

shall be numerous, or it shall for other reasons appear

proper to the court to take bond in such form, such

bond may be taken in the name of the State as obligee,

and be sued by any person interested as public bonds

may; and a copy certified by the clerk of the court

under the seal thereof, shall be received in evidence to

the Same effect as certified copies of public bonds afore-

said.

SEC. 8. And be it enacted, That when an injunction

In case of injunc-

shall issue from the court of chancery or any county

tion, the court may order testi-

court as a court of equity, the court on application of

mony to be taken

any of the parties, may order testimony in reference

to the allegations of the bill to be taken on behalf of

all the parties in such form as it may direct, and on

such terms, and under such regulations as to notice

and otherwise as may be deemed equitable, and so

however, that such testimony be returned by the day

Returnable

when the motion for dissolving such injunction shall

be beard, and the order providing also, that notice of

the granting such order he given as shall be prescribed