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ROBERT EDEN, Esq; Governor.
themselves, executed the same; and all and every such infant or infants,
or person
being idiot, lunatic, or non compos mentis, being trustee or trustees,
mortgagee
or mortgagees, or being seized or possessed of lands, tenements or hereditaments,
liable or subject in any manner aforesaid, or the committee or committees
of all
and every such persons, being idiot, lunatic, or non compos mentis,
shall and may
be compelled, by such order as aforesaid, to make such conveyance or conveyances,
assurance or assurances, in like manner as persons of full age and of same
memory
are compellable to make. |
1773.
CHAP.
VII. |
II. Provided
always, That no order or direction, as aforesaid, shall be made
or given in virtue of this act, in the case of any infant or infants seized
or possessed
of any lands, tenements or hereditaments, charged with or subject to the
payment
of money or tobacco, unless it shall appear, that the guardian or guardians
of such infant or infants hath or have consented thereunto; and also that
such infant
or infants will not sustain any detriment, disadvantage or inconvenience,
from
such order or direction; and also that, upon every order or direction for
conveyance
to be made by an infant or infants, for the specific performance and execution
of any such agreement, as aforesaid, liberty shall be reserved for the
said infant
or infants, to shew cause, within six months after he, she or they, shall
have attained
the full age of twenty-one years, if such infant or infants shall attain
such
full age; and also for the heirs of such infant or infants, if such infant
or infants
shall not so long live, in six months after the decease of such infant
or infants, if
the said heirs shall then be of full age, and if such heirs shall not then
be of full
age, in six months after such heirs shall have attained his, her or their
full age,
why such conveyance ought not to have been ordered or directed; and, on
sufficient
cause being shewn as aforesaid, the infant or infants aforesaid, or his,
her or their
heirs, shall be entitled to and have a reconveyance, by order or decree
of the said
court, of the said lands, tenements or hereditaments, by whomsoever claimed
or
possessed, by, from or under the conveyance made by such infant or infants
aforesaid;
and also a full account of the rents and profits thereof, of and from the
person
or persons who shall have received the same. |
Proviso. |
III. And be
it further enacted, by the authority aforesaid, That if in
any suit,
which shall be commenced in the court of chancery, any defendant or defendants,
against whom any subpœna or other process shall issue, shall not cause
his, her or
their appearance to be entered upon such process, within such time and
in such
manner as according to the rules of the court the same ought to have been
entered,
in case such process had been duly served, and an affidavit or affidavits
shall
be made to the satisfaction of the court, that such defendant or defendants
is or are
out of this province, or that upon inquiry at his, her or their usual place
of
abode, he, she or they, could not be found so as to be served with such
process,
and that there is just ground to believe that such defendant or defendants
is
or are gone out of this province, or otherwise abscond to avoid being served
with
the process aforesaid, then, and in such case, the said court may make
an order,
directing and appointing such defendant or defendants to appear at a certain
day
therein to be named, and a copy of such order shall forthwith be inserted
in the
Maryland gazette, and continued therein for six successive weeks; and a
copy of
such order shall be left, as soon as conveniently may be, at the usual
place of
abode of such defendant or defendants, before his, her or their, leaving
this province
or absconding as aforesaid; and also a copy of it shall be forthwith set
up at the
door of the court-house of the county wherein the defendant or defendants
did last
reside, before his, her or their, absconding as aforesaid; and if the defendant
or
defendants do not appear within the time limited by such order, or within
such
further time as the court shall appoint, then, on proof made of such publication
of such order, the court, being satisfied of the truth thereof, may order
the bill of
the plaintiff or plaintiffs to be taken pro confesso, and make such
decree thereupon as
shall be thought just, and may thereupon issue process to compel the performance
of such decree, either by an immediate sequestration of the real and personal
estate
and effects of the party or parties so absenting (if any such can be found)
or such
part thereof as may be sufficient to satisfy the demands of the plaintiff
or plaintiffs
in the said suit, or by causing possession of the estate or effects demanded
by the |
Defendants
not causing
their appearance
to be entered,
&c. the
court of chancery
to compel
performance
of their
decree, &c. |
X
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