| DEC. 1817. |
APPENDIX——CHANCERY LAWS.
may remit the fine aforesaid, and discharge such officer from the
attachment on the payment of the costs arising from the proceedings
had and made in consequence of the non-return of the writ or
process herein before mentioned; and the said justices shall direct
such affidavit to be filed, and their judgment in relation thereto to
be entered on the record of their proceedings; provided nevertheless,
that nothing herein contained shall in any manner affect the
remedy given to the party grieved by the first section of the " act
relative to the administration of justice," passed at December session
eighteen hundred and fifteen(a), for the neglect or delay of any
such sheriff, coroner, or other officer, in not making a due return
of process directed and delivered to him as aforesaid.
(a) Ch. 148. See 1815, ch. 163, s. 7. |
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Passed Feb. 6, 1819. |
DECEMBER SESSION, 1818.
—
CHAP. CXXXIII.
An Act to amend the law in the cases therein mentioned. Lib.
TH.
No. 6, fol. 345. |
In cases where
non residents are
parties court to
cause notice to be
given in the public
papers for
them to appear by
a certain day, &c. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
in all cases of petitions now pending, or hereafter to be instituted,
in any of the courts of this state, where a person or persons, nonresidents
of this state, are or may be a party or parties thereto, it
shall and may be lawful for such court, upon being satisfied of such
nonresidence as aforesaid, and that the process of such court cannot
be served on such party, to order and direct such notice to be
given by advertisement in the public papers, or otherwise, as they
may deem reasonable, upon consideration of all the circumstances,
warning such person or persons, nonresidents as aforesaid, to appear
by a certain day by them to be appointed, at least three months
thereafter, and on such notice being given, it shall and may be lawful
for such court, and they are hereby authorised and empowered,
forthwith to hold jurisdiction of the case, and to hear and determine
the same as fully and amply, to all intents and purposes, as if
such person or persons, nonresidents of this state as aforesaid, had
appeared thereto. |
Upon petition for
sale of real estate
of infants, court
to appoint three
freeholders to ascertain
real value
of the land, &c. |
2. AND BE IT ENACTED, That upon all petitions
of any guardian
or prochein ami, for the sale of the real estate of any infant
or
infants, it shall and may be lawful for the court before whom any
such petition may be pending, and they are hereby required, to issue
a commission to not less than three discreet and sensible men,
freeholders of the county where such lands to be affected by such
petition may lie, whose duty it shall be to view and ascertain, by
competent and disinterested evidence, the real value of the said
lands, taking into consideration the quality, local situation, improvements,
with all the advantages, and also the disadvantages
and incumbrances affecting the same, and to determine, under all
circumstances, whether it would be to the interest and advantage
of the infant or infants that such land should be sold, and report the
same to the court, with their reasons therefor; Provided, that the
said report shall not be conclusive on the court, but the court may,
in their discretion, examine witnesses, and have other testimony, |
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