ART. 16] DIVORCE. 355

ought to be or to have been recorded, or the circuit courts of Baltimore
city, if the said deed or bill of sale ought, by law to be or to have
been recorded in said city, may, upon the petition of any party to said
deed or bill of sale, pr his or their assigns, or any person claiming
under them, setting forth the defects in the acknowledgment of said
deed or bill of sale, pass an order directing the other parties thereto to
appear and answer the said petition, and may cause notice to be given
to such parties by summons or publication, according to the practice
of the said court, and may direct testimony to be taken in relation to
the matters in said petition, or in said petition contained; and the
said court may grant relief upon said petition by directing the said
parties, or any of them, to acknowledge or to re-acknowledge the said
deed or bill of sale, as the case may require; and the order of the said
court, passed in the premises, directing the said acknowledgment to be
made as aforesaid, shall operate in the same manner and to the same
extent, from the date of the said order, as if the said party, ordered as
aforesaid to acknowledge or re-acknowledge the said deed or bill of
sale, had thereupon so done; provided, however, that the rights of any
person who shall not be a party to said proceedings, as aforesaid, shall
not be in any wise affected by said order.

Divorce.

1904, art. 16, sec. 35. 1888, art. 16, sec. 35. 1860. art. 16, sec. 24.
1841, ch. 262, sec. 1. 1845. ch. 330, sec. 1.

36. The courts of eq.uity of this State shall have jurisdiction of all
applications for divorce; and any person desiring a divorce shall file
his or her hill in the court, either where the party plaintiff or defend-
ant resides; or if the party against whom the bill is filed be a non-
resident, then such bill may be filed in the court where the plaintiff
resides; and upon such bill the same process by summons, notice or
otherwise, shall be had to procure the answer and appearance of a
defendant, as is had in other cases in chancery; and in all cases where,
from the default of the defendant, a bill for divorce may be taken pro
confesso, the court shall order testimony to be taken, and shall decide
the case upon the testimony so taken.

The divorce court is governed by the rules and principles established in
the ecclesiastical courts in England so far as they are consistent with our
code. To what extent the judge may elicit additional proof on his own
motion and act thereon. Fisher v. Fisher, 95 Md 318; Fisher v Fisher, 93
Md. 303; J. G. v. H. G., 33 Md. 406.

A decree of divorce distinguished from a decree of nullity. A bill held not
to be one for divorce, as it set forth none of the causes thereof, and was filed
by a third party. Eidgeiy v. Ridgely. 79 Md. 305: LeBrun v. LeBrun. 55
Md. 502.

For a case involving the effect of the death of one of the parties upon the
divorce suit, see McCurley v. McCurley, 60 Md. 185.

This section referred to in deciding that the act of 1830. ch. 185, section
1, had no relation at the time of its adoption to proceedings for divorce.
Chappell v. Chappell. 86 Md. 541.

For cases involving the effect of the acts of 1841. ch. 262, and 1844. ch. 306,
upon the legislative power to grant divorces, see Wright v. Wright, 2 Md.