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Session Laws, 1854
Volume 616, Page 189   View pdf image
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184

LAWS OF MARYLAND.

CHAPTER 160.

Passed
Mar. 10,1854.

AN ACT for the relief of Richard Williams, of Mont-
gomery county.

Preamble.

WHEREAS, it hath been represented to the General As-
sembly of Maryland, That a decree by default has
been passed by the court of chancery, in a case in
which Charles B. Calvert and George H. Calvert
are complainants, and Richard Williams and others
are defendants, requiring payment by said Williams
of a large sum of money, and that such decree has
been obtained by reason of a misapprehension and
mistake on the purl of Williams and of the counsel
to whom he applied in the case, and in the absence
of wilful neglect or laches; and whereas it hath
been represented, that the execution of said decree
would operate gross injustice, inasmuch as Williams
is alleged to be entitled to credit for payments and
just allowances, sufficient in his view to show an in-
debtedness to him from the estate, for an account of
which said suit was instituted, of the benefit of which
credit he has been deprived under circumstances en-
titling his case to the favorable consideration of the
Legislature; and whereas, an application has been
made to the court of chancery for opening the said
decree and allowing a full and fair accounting by
him, and it is feared that under existing laws the
court cannot grant the said application or administer
such relief, an it is believed the case demands,
Therefore,

Authority to
open decree.

SECTION 1. Be it enacted by the General Assembly
of Maryland, That any court to which the case afore-
said may be removed according to law, be, and it is
hereby authorised, upon any application or petition
now filed or hereafter to be filed, and upon the establish-
ment of a satisfactory prima facie case, to open any de-
cree or order heretofore passed in said case, to the ends
that said Williams may account fully, fairly and equi-
tably for the estate, real and personal, of Thomas
Cramphin, deceased, formerly under his care and ma-
nagement; Provided, the said court shall be satisfied
that justice will be promoted by opening such decree

Proviso.

or order; and provided, it be opened upon such terms
as to the payment of costs, the nature of the defences
to be relied upon, the taking of testimony and the time
within which it is to be returned, and the prevention of



 
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Session Laws, 1854
Volume 616, Page 189   View pdf image
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