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ty-seventh section of the act of seventeen hundred and eighty-five
chapter seventy-two, be confined to decretal orders.
2. And be it enacted, That the provisions of the fifth section of
the said act, and of the several acts supplementary thereto, in fe-
tation to the sales of real estate, be extended to defendants of full
age.
3. And be it enacted, That the provisions of the fifteenth section
of the said act, be extended to the clerk employed on every com-
mission.
4. And be it enacted, That under the twenty-fifth section of the
aforesaid act of seventeen hundred and eighty-five, it shall not be
necessary to make any demand of a compliance with the decree,
(as the practice has been,) to entitle the party obtaining the decree
to process thereon.
5. And be it enacted, That in rases wherein a power is given to
take bills pro confesso, or to issue, a commission ex parte, a decision
may be made against the defendants absent making default, on the
testimony taken between the parties, instead of issuing such com-
mission.
6. And be it enacted, That in addition to the powers given in re-
gard to sheriffs and other officers, by the twenty third section of
the said act, the provisions of the act of seventeen hundred and
ninety-seven, chapter forty-three, be extended to the court of chan-
cery, and the county courts as courts of equity.
7. And be it enacted, That the provisions of the act of eighteen
hundred and sixteen, chapter one hundred and fifty-four, be ex-
tended to equitable titles to real estates.
8. And be it enacted, That a sale of the real estate may be de-
creed in the discretion of the chancery court, and the county courts
as courts of equity, in order to save the personal, with the consent
of all parties of full age, and the actual guardian of minors.
9. And be it enacted, That where sales have been or shall be
made by executors, under a supposed authority derived from a
will, the chancery court, and the county courts as courts of equity,
shall have a discretionary power to confirm such sales on hearing,
or in cases where bills may be taken pro confesso.
10. And be it enacted, That widows shall be entitled to dower in
lands held by equitable title in the husband, unless the same be de-
vised by a will made before the passage of this act; but such right
of dower shall not operate to the prejudice of any claim for the
purchase money of such lands, or other lien on the same and te-
nants by the curtesy shall be entitled for life to lands held by
equitable title, but not to the prejudice of any claim for the pur-
chase money of such lands or other lien on the same.
11. And be it enacted, That the provisions of the fifth section of
the act of seventeen hundred ninety-seven, chapter one hundred
and fourteen, concerning partition, be extended to cases where all
the persons reside out of the state.
12. And be it enacted, That in case of lands in this state de-
scending to minors residing out of this state, on a bill filed by the
prochein ami of any such minor, the said courts may issue a com-
mission to three persons in the state where the infants reside, au-
thorising them, or any two of them, to go to the infant or infants,
and appoint a guardian, for the purpose of answering and defend-
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CHAP. 193.
Certain provisions
of former acts ex-
tended to defend-
ants of full age.
Also to clerk em-
ployed on every
commission.
Not necessary to
make demand of
compliance with
decree to entitle
party to process
. In cases where a
power is given to
take bills pro con-
fesso, decision
may be made
against defend-
ants making de-
fault, on testimo-
ny taken between
|parties.
Provisions of act
of 1797 extended
to court of chan-
cery, and county
court as courts of
equity.
Provisions of act
of 1816 extended
to equitable titles
to real estates.
Sale of real estate
may be decreed to
save the personal,
with consent of
parties.
When sales have
been or shall be
made under sup-
posed authority
from a will, courts
to have a discreti-
onary power to
confirm them.
Widows shall be
entitled to dower
in lands held by
equitable title in
the husband, &c.
Provisions of act
of 1797, concern-
ing partition, ex-
tended to cases
where all the per-
sons reside out of
the state.
In case of lands
descending to mi-
nors residing out of
state, on bill filed,
court to commissi-
on three persons
to appoint a guar-
dian to defend suit.
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