States, or any territory thereof, or where application is made by the guardian or prochein ami of any nonresident infant to sell, lease, mortgage or exchange the real or personal property of such infants on the prayer or petition of the complainant or petitioner, a commission may be issued, without any previous process or notice, to any two persons, in the discretion of the judge of the court in which said suit is brought, who reside near such infants, authorizing them, or either of them, to appoint a guardian to answer for such infant or infants, and take the answer of such infants by their said guardian, and the said judge may prescribe the mode of authenticating the execution of such commission, and the answer of every infant so taken in any case, when returned to the court issuing the commission, shall be as effectual as if taken under a commission duly executed within the jurisdiction of such court; provided, that if in any such suit the party or parties Proviso. complainant shall allege, and prove by oath or affirmation, that the whereabouts of the infant defendants is unknown to him, her or them, and that he, she or they have made diligent inquiry to ascertain the same, (the said oath or affirmation, where there is more than one complainant, to be made by any one, any number, or all of such parties, in the discretion of the court,) or when a commission may have been issued, as herein provided, and the party or parties to whom such commission may have been issued, shall refuse or neglect to execute or return the same according to the exigency thereof, beyond a reasonable length of time, to be judged of by the court issuing such commission, then the said infant defendants, being non-residents, may be proceeded against by notice given, as provided for in the preceding section of this article, for other non-residents, but in no case shall a bill or petition be taken pro confesso against an absent infant defendant. In force and approved March 28, 1868. 1868, c. 435 repeals section 98 and enacts the following in lieu thereof: 1868, c. 435. Notice by publication. 98. In all suits in chancery against non-residents or against persons who may be proceeded against as if they were non-residents, the court may order notice to be given by publication in one or more newspapers, stating the substance and object of the bill or petition, and warning such party to appear, on or before the day fixed in such order, and show cause why the relief prayed should not be granted, and such notice shall be published as the court may direct, not less, however, than once a week, for four successive weeks, three months before the day fixed by such order for the appearance of the party, provided, if a copy of the Service of copy. order be personally served on such party one month before the day fixed for his appearance, if he be within. the limits of the United States, or three months if beyond; such service shall have the same effect as a publication. Proof of said service must be as follows: Proviso. Proof of service. 1. If served by the sheriff, his certificate thereof. 2. If by any other person, his affidavit or affirmation thereof, or 3. The written admission of the defendant, proved to the satisfaction of the court, and such certificate, affidavit, affirmation or admission, shall state the time and place of the service. In force and approved March 28, 1868. 1868, c. 211. Sale of burying grounds. 1868, c. 211 adds the following: 99. Upon any bill being filed for the sale of any ground dedicated and used for the purposes of burial in which lots have been sold and deeds executed or certificates issued to the purchasers of such lots, provided such lots shall be no longer used for burial Notice by pub- purposes, the court may order notice to be given by publication in one or more newspapers published in the city or county in which the ground to be sold may be situate, stating the substance and object of the said bill, and containing the names of the original lication, to lot holders. ex parte. lotholders or their assignees if known, warning all the lotholders, whether they be residents or non-residents, adults or infants to appear on or before a day fixed in such order and show cause why the relief prayed should not be granted, and such notice shall be published as the court may direct, not less, however, than once a week for four successive weeks, two months before the day fixed by such order for the appearance of the parties, and if such lotholders shall not appear at the time stated in such notice a commission to take testimony may be issued by the complainant ex parte. Testimony After the return of such commission the court, upon being satisfied from the testimony, that it is necessary and would be for the interest and advantage of the parties interested that the ground should be sold, may forthwith pass a decree for the sale of the same upon such terms as it shall deem proper, and shall distribute the proceeds of sale among the parties interested according to their several interests as the same shall be shown to the court. A decree passed in a proceeding for the sale of a burial ground shall be valid to pass the title to the purchaser or purchasers of the same or any part thereof, free, clear and discharged of and from the claims of the corporation or trustees who may hold the same for the purposes aforesaid, their successors or assigns and of all persons having an interest as lotholders in such ground whether they are entitled as original lotholders and whether they be residents or nonresidents, adults or infants. In force and approved March 28, 1868. Decree of court. SALES. 1868, c. 273 repeals and re-enacts 1862, c. 156, (Sup. 44) as follows: 1868, c. 273. Sale or lease of estates depend 140. In all cases when one or more persons is or are entitled to an estate for life or years, or to an estate life estates and tail, fee simple, conditional, base or qualified fee, or any other particular, limited, or conditional estate in lands, ent. and any person or persons is or are entitled to a remainder or remainders vested or contingent on an executor's devise or devises, or any other interest vested or contingent in the same land, on application of any of the parties in interest, a court of equity may, if all the parties in being are parties to the proceeding, Decree of court. decree a sale or lease thereof, if it shall appear to be advantageous to the parties concerned, and shall direct the investment of the proceeds of sale or the limitations of the leasehold interest, as the case may be, so as to enure in like manner as by the original grant to the use of the same parties who would be entitled to the land sold or leased, and all such decrees if all the persons or parties who would be entitled if the contingency had happened at the date of the decree, shall bind all persons whether in being or not, who claim or may claim any interest in said land under any of the parties to said decree, or under any person from whom any of the parties to such decree claim, or from or under or by the original deed or will by which such particular, limited or conditional estates, with remainders or executory devises were created. 1868, c. 197 repeals section 7 and re-enacts the same as follows: 1868, c. 197. Payments into treasury. SEC. 7. Each clerk shall, on the first Mondays of March, June, September and December, in each and every year, pay to the treasurer all public money, which he may have received, and on his failure to do In force and approved March 28, 1868. CLERKS OF COURTS OF BALTIMORE CITY. 1868, c. 54 enacts the following to carry into effect section 37, Art. 4 of Const. (see Const., Art. 3, sec. 45, and Art. 15, sec. 1:) Salaries of 77. Whenever the fees or other compensation of any 1868, c. 54. of the clerks of the courts of Baltimore city shall, after clerks. the payment of all necessary expenses, fail to pay such officer the salary provided for by the constitution, and said clerks, or any of them, shall, under section first, article fifteen, of the constitution, have paid to the state any sum or sums of money as excess, after retaining his salary, such excess, is hereby appropriated to the payment of the salary or salaries so in arrear until each of said clerks shall have received the full amount thereof; and it shall be the duty of the comptroller of Duty of compthe state to draw a warrant upon the state treasurer for the payment of said arrears out of the said excess, not to exceed the amount so in arrear, and not to exceed the whole amount of said excess paid into the treasury of the state. Passed and approved February 18, 1868. troller. |