1842

FRANCIS THOMAS, ESQUIRE, GOVERNOR.

CHAP. 229

bill within the time limited for that purpose, the said court
may order and direct the said suit to be revived, and such
other proceedings may be thereon had as if the said defend-
ant had answered, and thereby admitted the allegations

Proviso.

in the said bill of revivor or supplement; provided however,
that the said defendant shall be and hereby is authorized at
any time before final decree, or other final disposition of the
controversy, to appear in said court and file such answer or
institute such other proceedings as he might have done on

Notice of one
month to be
given.

his appearance regularly to said bill.
SEC. 4. And be it enacted, That in all suits in the Court
of Chancery wherein the said court hath power to order
notice to be given to a defendant or party by publication, it
may order such notice to be given by publication in a news-
paper or otherwise, from time to time during not less than
one month after the date of such order as to the said court
shall appear proper, warning the said party to appear in
person or by solicitor, on or before the day to be fixed in said

Provisoes.

order, to show cause why the relief should not be granted
as prayed; provided, that the day to be fixed as aforesaid
for the party to appear shall not be less than three months
after the expiration of the whole time so as aforesaid spe-
cified for giving notice to such party; and provided more-
over, that on its being shown to the court by affidavit that a
copy of such order of publication has been personally serv-
ed on such defendant or party, at least three months before
the day fixed for his appearance, it shall not be necessary

Order valid
and operative.

to make publication of the said order as aforesaid.
SEC. 5 And be it enacted, That in all cases where a bill
hath been filed in the Court of Chancery against any per-
son or persons, and the court hath passed or shall pass an
order of publication against any such defendant under the
provisions of an act of assembly in such case made and
provided, the same order shall be valid and operative, al-
though it may not pursue the precise directions of the said

Proviso.

act of assembly, provided, that the day fixed for the ap-
pearance of the said defendant by said order to show cause
against the relief prayed shall not be less than three months
after the expiration of the whole time therein specified for
giving notice to such party.

One commis-
sioner can
execute com-
mission.

SEC. 6. And be it enacted, That in all cases where a
commission has issued or shall issue to the commissioners of
the Court of Chancery or of the several county Courts as
Courts of equity, it shall be lawful for any one of said
commissioners to execute the same.

County courts
as courts of
equity to have
same powers.

SEC. 7. And be it enacted, That the several county
Courts as Courts of equity, shall have and exercise the pow-
ers which are by this act conferred on the Courts of Chan-
cery.