|
therein contained, as in his discretion may appear most advisa-
ble to preserve and secure the peace and good government of
this state.
By 1832, ch. 155, no nolle prosequi to be granted, but upon condition to
pay costs which may have accrued.
By 1802, ch. 92, the valuation of the slave, whose judgment shall be
commuted, is to be set by the court passing the sentence, and to be paid by
the treasurer.
CHAPTER 88.
AN ACT relative to the proceedings in the Court of Chancery and in the
Land Office.
A supplement, 1796, ch. 6.
See notes to 1785, ch. 72, ante page 208.
|
|
|
SEC. 1. Be it enacted, by the General Assembly of Maryland)
That in any case whatever, where a bill shall be filed in the
court of chancery against any person or persons not residing
within the state, the chancellor may direct such notice of the
said bill, and of the object thereof, by advertisement in news-
papers, or otherwise, as to him shall seem proper, warning the
defendant or defendants to appear in the said court in person, or
by a solicitor, on or before some day to be fixed, not less than
four months* distant from the time of the first advertisement, or
other notice, to shew cause why a decree should not be passed
as prayed by the bill ; and in case the defendant or defendants
shall not so appear within the time limited, either the bill, at
the discretion of the chancellor, may be taken pro confesso, and
he shall proceed to decree in the same manner as if the defendant
or defendants had admitted, by answer, the facts stated in the bill,
or a commission shall, on application of the complainant or com-
plainants, be issued for taking depositions on his or their part,
and on return of the said commission, the chancellor may proceed
to decree according to the facts proved, and the established prin-
ciples and practice in equity ; provided nevertheless, that if the
said defendant or defendants shall appear to the bill in person,
or by a solicitor, at any time before a decree shall be passed,
there shall in all respects be the same proceedings before a de-
cree, as if the defendant or defendants had appeared regularly
on the return of a subpoena ; and provided also, that if any
person, against whom a decree shall be made, in virtue of this
act, his or her heir or heirs, devisee, or representative, shall
appear in the chancery court at any time within eighteen calen-
dar months from the date of the decree, and require a review of
the same, the chancellor, upon a bill filed by such person, his
heir or heirs, devisee or representative, shall proceed to an ex-
amination of the matters in dispute, and to a final decree, in the
42
|
In certain
cases chan-
cellor may
direct no-
tice, &c.
|
