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Session Laws, 1794
Volume 646, Page 62   View pdf image
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1794.

LAWS of MARYLAND.

CHAP.

LX.
Purchafers to

hold fame
right, &c.

VII. And be it enacted, That where any fale or fales of fuch equitable titles
have been made by virtue of any writ of fieri facias, or decree of the chancellor
of this ftate, the purchafer or purchafers thereof, his, her or their heirs or affigns,
fhall hold and have the fame right and title thereto as if the faid purchafe had
been made under and in virtue of the provifions of this act.

Chancellor,
in certain
cafes, may
order a parti-
tion, &c.

VIII. And be it enacted, That in cafe any infant, idiot, or perfon non compos
mentis, hath, or fhall hereafter have, a joint intereft, or intereft: in common with
any other perfon or perfons in equal or unequal proportions, in any lands, tene-
ments or hereditaments, and it fhall appear to the chancellor, upon application of
any of the parties concerned, and upon the appearance of the infant, by guardian
to be appointed by the chancellor for that purpofe, and for the purpofe of an-
fwering and defending on the part of fuch infant, and upon the appearance of
fuch idiot, or perfon non compos mentis, by the truftee, or truftees or committee,
of fuch idiot, or perfon non compos mentis, to be appointed by the chancellor, on
behalf of fuch perfon for the purpofes aforefaid, and upon hearing and examining
all circumftances, that it will be for the intereft and advantage of all parties con-
cerned to make partition of fuch lands, tenements or hereditaments, or any part
thereof, the chancellor may order and decree partition to be made of fuch lands,
tenements or hereditaments, or any part thereof, in the fame manner, and under
the fame regulations, as if all parties were of full age, or of found mind and
difcretion; and all ads and deeds of conveyance done and executed by fuch guar-
dian, truftee or committee, in purfuance of the order or decree of the chancellor,
jfhall be good and effectual, and they are hereby feverally authorifed and empowered
to do and execute, on behalf of fuch infant, idiot, or perfon non compos mentis, all
acts and deeds whatever that may be adjudged neceffary by the chancellor to ren-
der effectual and complete the partition aforefaid, as fully as if all the parties
were of full age, or of found mind and difcretion.

May decree a
foreclosure,

&c.

IX. And be it enacted, That in all cafes where any mortgagor or mortgagors
of any lands or tenements within this ftate, fhall I have removed to places un-
known out of this ftate, and it cannot be afcertained whether fuch mortgagor or
mortgagors is or are dead or alive, and if dead, who are the legal reprefentatives of
fuch perfon or perfons, or whether they have left any, it fhall and may be lawful
for the chancellor in fuch cafes, upon fatisfactory teftimony thereof by affidavit of
the complainant, and other evidence, to decree, upon giving fuch public notice as
he fhall deem neceffary, a foreclofure of fuch mortgage, or fale of the mortgaged
premifes, and conveyance thereof, as in other cafes where the party appears, and
fuch decree pailes in the faid court.

And decree a
fale of equita-
ble intereft,

&c.

X. And, whereas it often occurs that perfons againft whom judgments or de-
crees are obtained hold and poffefs, or claim, lands, tenements or hereditaments,
by equitable title only, and the creditor or creditors of fuch perfons are often,
without remedy, either at law or in equity, Be it enacted, that in fuch cafes it
fhall and may be lawful for the chancellor, on application, to decree a fale of
fuch equitable intereft for the benefit of the creditor or creditors applying for the
fame, and the purchafer or purchafers thereof, under fuch decree, fhall, upon
payment of the purchafe money, be entitled to an alignment of fuch equitable
intereft, to be made by the truftee making fuch fale, and fhall be entitled to fuch
remedies, both in law and equity, againft all perfons, and in all cafes, as the
perfon could or might have had whofe title he, fhe or they, may claim by virtue
of fuch purchafe.

Paffed De-

cember 26.

CHAP. LXI.
An ACT to lay a further tax on Caecil county for the fupport of
the poor of faid county.
WHEREAS it is reprefented by the truftees of the poor of Caecil coun-
ty to this general affembly, that the fum of four hundred pounds,
heretofore levied for the ufe of the poor of faid county, is infuffcient
for their maintenance and fapport, and that a further fum of two hundred pounds
per annum is abfolutelv neceffary for the fupport of faid poor;

II. Be



 
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Session Laws, 1794
Volume 646, Page 62   View pdf image
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