1797.

L A W S of M A R Y L A N D.

C H A P.
CXIII.

ditors fhall and may have remedy by virtue of this act againft fuch devifee or de-
vifees alone, and againft the lands, tenements and hereditaments, fo devifed, in
fuch like cafes, and under fuch circumftances, as fuch creditor or creditors might
or could have remedy under the faid ftatute where the heir or heirs at law could
or fhould be joined in fuch action or actions, according to the directions of the
faid ftatute.

Paffed Janua-
ry 21.

Preamble.

C H A P. CXIV.
An ACT relative to proceedings in the court of chancery and
land-offices, and to the real eftates of perfons dying inteftate.

WHEREAS the late act: to direct defcents hath rendered it in many cafes
difficult, on account of the great number of heirs, to obtain fuch
decree againft heirs as might be obtained againft the anceftor if alive,

On any bill
filed, chan-
cellor may
pafs an order,

&c.

II. Be it enacted, by the General Affembly of Maryland, That on any bill in
the court of chancery filed, or to be filed, againft the heirs of any perfon de-
ceafed, the chancellor, at his difcretion, may, on the appearance of fuch perfon
or perfons as would have been fole heir or only heirs in cafe the faid act had not
been made, pafs an order, to be published in fome convenient news-paper at leaft
three weeks fucceffively, giving notice of the fubftance and object of the bill,
and appointing a day, not lefs than four months fubfequent to the publication,
for each of the heirs to appear and fhew caufe, wherefore a decree fhould not
pafs, as prayed; and on proof to the chancellor's fatisfaction of the due publica-
tion, the fuit may be carried on between the complainant and the defendant ap-
pearing; as aforefaid, and any other heirs or heir appearing in confequence of the
notice, and there may be the fame decree, and it fhall have the fame effect, as
if the heirs of the perfon deceafed had appeared and defended the fuit; provided
neverthelefs, that the anfwer of the heir or heirs appearing fhall not operate
againft any abfent heir, otherwife than if fuch abfent heir had appeared, and de-
fended the fuit, but the chancellor, on application of the complainant, may, at
difcretion, either take the bill pro confeffo as to all abfent heirs of the deceafed,
or direct a commiffion to iffue for taking depositions ex parte, and receive fuch
proof as he may think proper; provided alfo, that if any heir of the deceafed
fhall, in perfon or by a folicitor, appear in court at any time before a decree fhall
be paffed, and fhall, on or before the fourth day of the fubfequent term, put in
a good and fufficient anfwer to each interrogatory ftated in the bill, or a good
plea or demurrer to the fame, the proceedings fhall thereafter be the fame as if
fuch heir had regularly appeared to a fummons; and if at any time within nine
months after a decree paffed without his appearance, any heir fhall appear, and
file a petition, praying the chancellor to fet afide the decree, and likewife anfwer,
plead or demur as aforefaid, the chancellor fhall accordingly annul the decree as
to fuch heir, and there fhall be the fame proceedings for the purpofe of deciding
the caufe on its merits, as if the faid heir had regularly appeared to a fummons.

And in cer-
tain cafes di-
rect publica-
tion, &c.

III. And be it enacted, That in cafe a fubpoena to a bill in chancery fhall be
regularly returned non eft by the fheriff of any county within the ftate where the
defendant fhall be known, or generally fuppofed to refide, and the chancellor
fhall be fatisfied, by the affidavit of fome indifferent perfon or perfons, of the
faid known or fuppofed refidence, and of the defendant's having avoided, or kept
out of the way of the fheriff, or evaded the fervice of the fubpoena, the chan-
cellor, on motion, may direct publication to be given in fome news-paper con-
venient to the known or fuppofed refidence of the defendant, at leaft three weeks
fucceffively, of the filing of the bill, and of its fubftance and object, and of the
fame day by him fixed, not lefs than four months fubfequent to the publication,
for the defendant's appearance in court, either in perfon or by folicitor; and on
the defendant's failing to appear, and on fatisfactory proof of the notice published,
the chancellor, on motion, may proceed in the fame manner as is prefcribed by
law in the cafe of a bill filed againft a nonrefident; provided, that the faid de-
fendant have the fame privilege, as is herein before given to an abfent heir, to
appear, either before or after a decree; and every part of the provifion herein