WILLIAM GRASON, ESQUIRE, GOVERNOR.

1840.

ed in such form as the rules of said courts respectively
may prescribe.

CHAP. 109.

SEC. 3. And be it enacted, That in all cages of petition
or bill for the sale of the real estates of infants, by their
guardians or next friend, the clerks of the several county
courts, in which such petition or bill may be pending, shall
have lull power and authority to issue commissions, to view
and value the lands and to assign guardians, and such com-
missions and the proceedings therein, to have the same ef-
fect as if they were issued under an order of the court.

Commissions
shall be issued
to value lands.

SEC. 4. And be it enacted, That whenever any cause,
by bill or petition, pending in any of the county courts, as
courts of equity, shall be ready for hearing, and the par-
ties, their solicitors or guardians shall sign an agreement, in
writing, and file it with the clerk, that the case be submit-
ted for decision to any of the judges of the said courts
where the suit is pending, such judge shall proceed to pass-
a decree, and such decree, when passed, shall have the
same effect, as if passed by the court at its regular term.

Judge shall
pass decree.

SEC. 5. And be it enacted, That wherever any cause in
the county courts, as courts of equity, shall be ready for a
commission to take testimony, it shall be the duty of the
clerks of said courts, to issue commissions to such person
or persons as the parties, their counsel or guardians may
select, by agreement filed in the cause.

Commissions
shall be issued
to take testimo-
ny.

SEC. 6. And be it enacted, That the county courts, as
courts of equity, shall have jurisdiction in all cases in
equity, where the proceedings shall be commenced in the
court of the county where the land mentioned in the pro-
ceedings and to be effected by them may lie, in whole or
in part; or in the court of the county where the defendants,
or any of them may reside at the time of filing the bill or
petition; provided, that if a proceeding be commenced in a
county where all the land docs not lie, it shall be the duty
of the clerk of the court, to transmit to the clerk of the
county where the land or any part thereof may lie, a copy
of the proceedings, to be recorded among the land records of
said county.

Jurisdiction.

Proviso.

SEC. 7. And be it enacted, That the fees of the auditors
of the county courts, as courts of equity, shall be the same
as those of the auditor in chancery.
*9

Compensation.