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Session Laws, 1819
Volume 638, Page 76   View pdf image
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1819.

LAWS OF MARYLAND.

CHAP. 114.

May without ap-
pearance of absent
parties take his
bill pro confesso,

&c.

Provisos

2. And be it enacted, That if the legal representatives of the said
Elizabeth Hall, John Hall, Thomas Watkins and Thomas Henry
Hall, so made defendants, shall not appear to answer the bill of the
aforesaid William Morsell, and those under whom he claims, after
being warned as aforesaid, the county court aforesaid, as a court of
chancery, may without the appearance of the absent parties, at
discretion, either take the bill of the said William Morsell, junior,
and those under whom he claims, pro confesso, or issue a commis-
sion for taking depositions, which commission may be executed ex
parte on the non-appearance of the legal representatives aforesaid,
in person, or by solicitor or agent, and on the taking pro confesso,
or return of the commission, the county court aforesaid, as a court
of chancery, may proceed to such decree as the justice, law and
equity, of the case may require, and every such decree shall have
the same operation, effect and consequences, as if the legal repre-
sentatives of the said Elizabeth Hall, John Hall, Thomas Watkins,
and Thomas Henry flail, had regularly appeared to the bill of the
said William Morsell, junior, and those under whom he claims,
and the decree had passed; Provided always, that if all or any de-
cree shall be made as aforesaid by virtue of this act. his or their
heirs, devisees or representatives, or any person claiming by, from,
or under them, shall appear in the said county court, as a court of
chancery, at any time not exceeding eighteen calendar months
from the time of making such decree., and request a review of the
same, the said county court, as a court of chancery, upon a bill
being tiled by any person or persons as aforesaid entitled to file the
same, shall proceed to an examination of the matters in dispute,
and to a final decree according to the equity of the case, in the
same manner as if the said legal representatives of Elizabeth Hall,
John Hall, Thomas Watkins, Thomas Henry Hall, or other per-
son or persons as aforesaid, had originally appeared in the said
county court as aforesaid; And provided also, that such legal re-
presentatives of the said Elizabeth Hall, John Hall, Thomas
Watkins, Thomas Henry Hall, or other persons as aforesaid, may
at any time before a decree shall have passed, appear in the said
court, and be admitted to defend the cause, on filing a good and
sufficient answer, plea or demurrer to the bill.

Passed Feb 4 1820
Benefit of insol-
vent laws extended
to him

Provisos

chap. cxv.

An Act for the relief of Henry Witmer, of Washington County.
Be it enacted, by the General Assembly of Maryland, That the
judges of Washington county court be and they are hereby autho-
rised and empowered, to extend to Henry Witmer, of Washington
county, the benefit and relief of the act of assembly, passed at No-
vember session eighteen hundred and five, entitled, An act for the
relief of sundry insolvent debtors, and the supplementary acts
thereto, without compelling the said Henry Witmer, to produce, in
writing the assent of two-thirds of his creditors in amount, as is
required by said act; Provided, that the said Henry Witmer, shall
comply with all the other necessary requisites of said acts; And
provided, that the said Henry Witmer shall be entitled to no benefit
from this law, in case any creditor or creditors shall file allegations
against him before the eighth day of the next county court for
Washington county, and the said Henry Witmer be found guilty on



 
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Session Laws, 1819
Volume 638, Page 76   View pdf image
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