J O H N H E N R Y, Efquire, Governor.

1797.

contained, refpecting the proceedings on appearance of fuch heir, fhall be con-
ftrued to extend to fuch evading defendant.

C H A P.
CXIV.

IV. And be it enacted, That in cafe any caufe hath been or fhall be fet down
regularly for hearing, or fubmitted to the chancellor by both parties, as ready
for his decifion, and one of the parties hath died, or fhall die, after fuch fetting
down, or fubmiffion, and before a decree paffed, having a folicitor in court, the
faid caufe fhall not abate, and the chancellor may decree as if fuch deceafed party
were alive, and the decree fhall have the fame effect as if it had been paffed
againft the deceafed, except that it fhall not entitle the complainant to a pre-
ference in the diftribution of affets, either real or perfonal.

Certain caufes
hall not a-
bate, &c.

V. And, whereas it is doubtful whether or not there is any method of pro-
ceeding whereby a perfon holding land jointly or in common with an infant re-
fiding out of the ftate may obtain partition of the faid land, Be it enacted, That
on a bill filed, for the purpofe of obtaining partition of land held jointly or in
common with an infant refiding out of the ftate, the chancellor, on the com-
plainant's motion, may direct a commiffion to iffue unto three perfons, fuch as
he fhall approve, authorifing them, or any two of them, to go to the infant,
and appoint a guardian for the purpofe of anfwering and defending the fuit, and
authorifing them likewife to take the anfwer, and return it to the court; and in
receiving fuch anfwer there may be the fame proceedings as if the defendant had
been regularly fummoned, and had been heard by a guardian appointed by the
court.

Chancellor,

on motion, to
direct a com-
miffion to if-

fue, &c.

VI. And be it enacted, That all fales by the act to direct defcents directed to
be made of lands which will not admit of divifion amongft the heirs, fhall be
made agreeably to the order of the court from which the commiffions iffued, and
fhall not be valid until ratified by the faid court; and the commiffioners for
valuing fuch lands as in their judgment will not admit of divifion, fhall take into
confideration any incumbrance on the lands, and report the value of the land,
fubject to the incumbrance; and the election of any of the heirs to take the
land, and pay the others their proportions, fhall be made, in the faid court, be-
fore the expiration of the term next fucceeding the term on which the return of
the commiffioners fhall have been confirmed.

How fales are
to be made,
&c.

VII. And, whereas there is no proper receptable or hofpital within this ftate
for the confinement and care of perfons infane, whofe going at large is dangerous
or improper, Be it enacted, That the chancellor fhall have full power, on the
application of any truftee of a lunatic, idiot, or perfon infane, and receiving
proof to his fatisfaction, that it is neceffary or proper to confine fuch lunatic,
idiot, or perfon infane, to direct the faid truftee to fend the perfon under his
charge to fame hofpital or receptacle in Philadelphia, provided he can be there
received, to remain until further order of the court and the chancellor fhall
have power, at any time, to direct the faid perfon to be brought back, and to
enforce his order as in Other cafes.

Perfons infane
may be con-
fined, &c.

VIII. And be it enacted, that the chancellor fhall have full power, as in the
court of chancery, at his difcretion, to award cofts to the party prevailing on the
decifion of any caveat in the land-office.

Cofts may be
awarded, &c.

IX. And be it enacted, That no caveat fhall hereafter be entered in either of
the faid offices where compofition money is due on a certificate, unlefs the party
requiring the fame to be entered fhall firft make oath, or affirmation, that he
conceives he has good caufe for entering the fame, and has pretenfions to the
land, or a part thereof, containing in the certificate he is defirous of caveating,
and that the fame is not entered for the purpofe of favouring the party, by en-
abling him to prolong the time for payment of the compofition money on the
faid certificate, or made at his requeft, or at the requeft of another perfon, but
for the purpofe only of profecuting by claim.

No caveat to
be entered,
&c.