JAMES THOMAS, ESQUIRE, GOVERNOR.

1832.

CHAPTER 302.

CHAP. 302

A Supplement, to the act, entitled, an ad to define and enlarge
the powers of Courts of Equity.

Passed Mar.22, 1833

Section 1. Be it enacted by the General Assembly of
Maryland, That from and after the passage of this act, it
shall not be lawful for the register of -the court of chan-
cery, to permit any person or persons to take out of the

Register forbid to

allow papers to be

taken from his of-

fice

chancery office, any papers filed in said office, unless by
virtue of a general order of the chancellor or an order or
requisition of the court of appeal.

Without order

Sec. 2. And be it enacted, That the said register be, and
he is hereby required, at the request and cost of any of the
parties in a proceeding in chancery, to record any bill, pe-
tition, answer, or other pleading, and any paper whatso-
ever filed therein or returned with any testimony in the

Register directed
to record, on ap-

plication, &c.

course of such proceedings; and a copy from the record of
the writing so recorded, shall, in case of the loss of said
writing, have the same effect in said proceeding as the

Copy valid in case

of loss

said writing; Provided, the said writing be not an instru-
ment or the copy of an instrument, which, by virtue of any
act or acts of assembly, shall have been otherwise recorded.

Proviso.

Sec. 3. And be it enacted, That where a defendant of
full age in any case in the court of chancery, or in any

Defendent in case

county court as court of equity, shall upon two successive
subpoenas be returned non est, it shall be lawful for said
court to order publication of the substance of the bill or

On two successive

subpoenas non est.

petition against such defendant as if a non-resident of this
state, and to proceed against such defendant in the same

Publication order-

ed

manner and to every effect, as if he were not a resident of
this state, and as if the case made in the bill or petition
were within any of the acts of assembly made and provid-

As in case of non-

residents

ed, in respect of absent or non-resident defendants; pro-
vided however, that each of said subpoenas be delivered to
the sheriff or other officer for service thereof at least twenty
clays before the first day oi the term to which such subpoena
shall be returnable.

Proviso.

Sec. 4. And be it enacted, That the provisions of the act
passed at November session, of the year eighteen hundred
and four, chapter one hundred and seven, be, and the same
are hereby extended to all cases that shall be instituted in
the court of chancery or any county court as a court of-
equity, for or in any wise relating to the sale, partition, or
conveyance, of any lands, tenements or hereditaments, or
in any manner concerning lads, tenements, or heredita-

Provisions of act of

1804 ch. 107 exten-

ded to all cases in
Chancery &c.