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GEORGE PLATER, Esquire Governor.
shall have the same power, authority and jurisdiction, in all and every
case, as
belonged to, and was exercised by, the said court before the making this
act, any
thing herein contained notwithstanding. |
1791.
CHAP.
LXXVIII. |
IV. And provided
always, and be it enacted, That all and every person or
persons who think themselves aggrieved by the decree of the county
court, in
such cases where the sum exceeds thirty pounds current money or three thousand
pounds of tobacco, shall be at liberty to appeal to the chancery court,
in the same
manner as appeals are prosecuted from the court of chancery to the high
court
of appeals. |
Persons aggrieved
may
appeal, &c. |
V. And be it
enacted, That this act shall not be construed so as to give any
county court an original equity jurisdiction for the purpose of compelling
a specific
performance of any agreement; and in all cases where a suit at common
law is
commenced in any county court, and either plaintiff or defendant prays
a decision
on principles of equity, the common law suit may be proceeded on to
judgment, nor shall execution on the said judgment be stayed, unless the
party
praying an equitable decision shall verify the facts stated in his petition
by his
oath, or affirmation, as the case may require, and give bond to the adverse
party
in such sum, and with such security, as the court shall approve, conditioned
for
the payment of such sum as shall appear to be due to the said adverse party,
on
the determination of the said suit by the said court on principles
of equity as
aforesaid, together with all legal costs, both on the common law and equity
proceedings. |
Act not to be
construed so as
to give original
equity jurisdiction,
&c. |
VI. This act to continue in force until the
first day of January, in the year of
our Lord seventeen hundred and ninety-four. |
Duration. |
CHAP. LXXIX.
A Further supplement to the act, entitled, An act to enlarge the
powers of the high court of chancery. |
Passed December
30. |
WHEREAS the court of chancery has no power to order
and decree
the recording of a deed where the grantor, or his representatives,
reside out of this state, unless on the appearance of the defendant,
which cannot be obtained, |
Preamble. |
II. Be it enacted,
by the General Assembly of Maryland, That in case any
deed hath been or shall hereafter be executed, to the validity of which
recording
is necessary, and such deed hath not or shall not be recorded agreeably
to law,
without any fraudulent design or intention of the party claiming under
the same,
and the person who hath executed or shall execute such deed, his devisee
or representatives,
are or may be nonresidents of this state, it shall and may be lawful
for the party claiming under such deed to file his bill or petition in
chancery,
praying the order and decree of the said court for recording such deed,
and the
chancellor thereupon, without the appearance of or hearing the defendant
or defendants,
shall have the same power and authority to order and decree the recording
of such deed, as he hath in the cases mentioned in the twelfth section
of the
act to which this is a supplement; provided, that the complainant or petitioner
shall give such notice of his application in news-papers, or otherwise,
as the chancellor
shall direct. |
Where deeds
are not recorded,
the
party may file
his bill, &c. |
III. And be
it enacted, That every deed recorded in pursuance of this act
shall have the same operation, effects and consequences, and be liable
to the same
provisions, as a deed recorded under a decree in virtue of the act to which
this is
a supplement. |
Deed recorded
to have the
same operation,
&c. |
IV. And,
where infants, idiots, lunatics, and person who are not of sound
mind, seized of lands, tenements or hereditaments, may be compelled to
convey
the same, by decree of the court of chancery, for a specific performance
of
agreements made by the persons under whom they claim, provided application
be |
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