J O H N H. S T O N E, Efquire, Governor,

1795.

before the firft day of February next, or fhall die, the governor and the council
are hereby authorifed and requefted to appoint a fit and proper perfon in his
place, who fhall have and execute all the authorities and powers vefted in the
faid Randolph Brandt Latimer by this act, fuch perfon firft giving fecurity and
taking the oath aforefaid.

C H A P. LXXXVIII.

C H A P.

LXXXVII.

An ACT relative to the proceedings in the court of chancery and

in the land-office.

Paffed De-
cember 24.

Be it enacted, by the General Affembly of Maryland, That in any cafe what-
ever, where a bill fhall be filed in the court of chancery again ft any per-
fon or perfons not refiding within the ftate, the chancellor may direct
fuch notice, of the faid bill, and of the object thereof, by advertifement in news-
papers, or otherwife, as to him fhall feem proper, warning the defendant or de-
fendants to appear in the faid court in perfon, or by a folicitor, on or before fome
day to be fixed, not lefs than four months diftant from the time of the firft ad-
vertifement, or other notice, to fhew caufe why a decree fhould not be paffed as
prayed by the bill; and in cafe the defendant or defendants fhall not fo appear
within the time limited, either the bill, at the difcretion of the chancellor, may
be taken pro confeffo, and he fhall proceed to decree in the fame manner as if the
defendant or defendants had admitted, by anfwer, the facts ftated in the bill, or
a commiffion fhall, on application of the complainant or complainants, be iffued
for taking depofitions on his or their part, and on return of the faid commiffion,
the chancellor may proceed to decree according to the facts proved, and the efta-
blifhed principles and practice in equity; provided neverthelefs, that if the faid
defendant or defendants fhall appear to the bill in perfon, or by a folicitor, at any
time before a decree fhall be paffed, there fhall in all refpects be the fame pro-
ceedings before a decree, as if the defendant or defendants had appeared regularly
on the return of a fubpoena; and provided alfo, that if any perfon, againft whom
a decree fhall be made in virtue of this ad, his or her heir or heirs, devifee or
reprefentative, fhall appear in the chancery court at any time within eighteen ca-
lendar months from the date of the decree, and require a review of the fame, the
chancellor, upon a bill filed by fuch perfon, his heir or heirs, devifee or repre-
fentative, fhall proceed to an examination of the matters in difpute, and to a final
decree, in the fame manner as if the faid perfon had originally appeared before
him.

In certain
cafes chancel-
lor may direct
notice, &c.

II. And be it enacted, That the chancellor fhall have power and authority, on
application already made, or hereafter to be made, by bill or petition, and after
fummoning and hearing the perfon or perfons proper to be made defendant or de-
fendants, or after fuch proceedings againft him, her or them, as would entitle
the complainant or complainants to a decree in other cafes, to decree the fale of
any equitable title or claim to land, in any cafe in which he might on application
decree the fale of a legal complete title, and the purchafer or purchafers of fuch
equitable title from a truftee or truftees, to be appointed in the fame manner, and
on the fame terms, as other truftees for the fale of land are appointed, fhall, in
confequence of fuch purchafe, and a conveyance to be made by the faid truftee of
truftees, ftand in the place of the perfon or perfons in whom was the faid equi-
table title at the time of the decree, and fhall be entitled to fuch remedy againft
any party or parties as the faid perfon or perfons might have had.

And on appli-
cation decree
a fale, &c.

III. And be it enacted, That any creditor or creditors, who have made or
fhall make application to the chancellor by bill or petition, for the fale of any
land which hath defcended or been deviled to an infant or infants, for the pay-
ment of the debts of the anceftor or devifor, who had only an equitable intereft
or title in the faid land, may pray and obtain a fubpoena againft the perfon or per-
fons having the legal title to the faid land, in cafe fuch perfon or perfons be refi-
dent of the ftate, or give fuch notice of the bill or petition as the chancellor fhall
direct, in cafe fuch perfon or perfons be not refident of the ftate; and on fum-
moning and hearing of all parties concerned, or on fuch proceedings againft the

Creditor may

pray a fubpoe-
na, &c.