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24 CHANCERY. - [ART. 16.
1868, c. 435 repeals section 98 and enacts the following in lieu thereof:
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1808, c 435
Notice by pub-
lication.
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98. In all suits in chancery against non-residents or
against persons who may be proceeded against as if
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they were non-residents, the court may order notice
to be given by publication in one or more newspapers,
stating the substance and object of the bill or petition,
and warning such party to appear, on or before the
day fixed in such order, and show cause why the relief
prayed should not be granted, and such notice shall be
published as the court may direct, not less, however,
than once a week, for four successive weeks, three
months before the day fixed by such order for the
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Proviso.
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appearance of the party, provided, if a copy of the
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Service of copy.
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. order be personally served on such party one month
before the day fixed for his appearance, if he be within
the limits of the United States, or three months if
beyond; such service shall have the same effect as a
publication. Proof of said service must be as follows :
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Proof of ser-
vice.
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1. If served by the sheriff, his certificate thereof.
2. If by any other person, his affidavit or affirmation
thereof, or 3. The written admission of the defend-
ant, proved to the satisfaction of the court, and such
certificate, affidavit, affirmation or admission, shall state
the time and place of the service.
In force and approved March 23, 1863.
1363, c. 211 adds the following:
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1808, c. 211
Sale of burying
grounds.
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99. Upon any bill being filed for the sale of any
ground dedicated and used for the purposes of burial
in which lots have been sold and deeds executed or
certificates issued to the purchasers of such lots, pro-
vided such lots shall be no longer used for burial
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Notice by pub-
lication, to lot
holders.
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purposes, the court may order notice to be given by
publication in one or more newspapers published in
the city or county in which the ground to be sold
may be situate, stating the substance and object of
the said bill, and containing the names of the original
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