The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1868-05-07

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Sec. ?. And BE- Il enacted, That this
Act shall take oiFect from the date Oft
passage
Approyca sIareh q, 1868,
THOMAS SWAMI, Governor.
[CmArrEh eco
KN ACr
TO sepeaI the eighty .piulh Sectinn OF
Article sixteen 81 chs Code eg lablie
GencrsI isaws, entitled Chaueery, nnd
relating % process against non.fesi.
dcst inlaai defendants, As amended
BY the Act Of 1854, Chapter 80. and
70 ipsers il said Article 10 licu of The
Section % repealed. the following
Section relaling % process against
non resident iniaul delendanla.
See !. 10 u enacted by tie General
Asscmbly 81 Maryland, That section
eighty ninc 81 Article sixteen, entitled
Chanesry, Of The Code of Public Gcner-
al Laws, relating 10 process against mon.
resident iufant defendants 10 ehnncesy
~ repealed aud 70 enacted BY she Act
Of 1864, chapter 50. lm and slEa ssno i
hafeby repealed, and thar the following
scrtiol be Inserted IN said Artiela. a. :
substitute for, aud in lieu Of said section
40 repealed
SEQ. 80 II escry salt Ia chsncsrs
BY blu " petition, where the defendants.
or any Of them xhaII BE- infants residing
out o. this State 10 any other Of ths
United Statcs. OF any Territory thetcof,
or where application Is msda by the
gaardlan of lsraei.efs agli Of any non.
resident infsst, 40 sell, lease, mortgage
o. exchange, the real 81 personal pro.
perry of such sBfagts % The prayer or
pstiiien of fhs complainant Or pefitson.
81, commission may be issued without
avg previous process or notice 20 any
two psrsons ia tho sliaesetioa Of the
Judge Of the Court 10 which said suit
i brought, who reside near such infants,
authorizing lhem or either Of them, 10
appoint = guardian 10 answer for such
infani Or infaats. and take the answer
Of such iniaats By their said guardian,
and the said Judge may pruseribc tha
ncde Of aulhcnticatiug che execution
of such commissions and the answer "a
every infaut 80 taken ID any case when
seturaed II the Court issuing the com.
mission shalt be AZ etIeciuai as ir taken
under q commission duly executed with.
10 thu Jurisdiction of sueh Court: pro
sided, that Il il any saeh suit, the par.
y or parties complainant shall allcpc
aud prove By oath OF affirmation that
the whereabouts OF the infant defend.
ants 10 unknown TO him, her or them.
aud that he, she or thcy have made dii.
igent inquiry 70 ascertain the same. the
said oath Or affirmation whore there Il
more than one complainant. 10 be made
by any one, any number, or al of such
parties ID the discretion Of che Cont.
o. when commission may have been
issued as herein provided, and tho per.
W Or parties 20 whom such commission
may have been issncd, shall refuse or
ncglctt 10 execute or retlrB The same
according 70 the exigeocy thereof, be.
yond reasonable length Of time to be
judged " by Court issuina such
commission then the said infant defend.
ants being non residents, may be proco.
dad against BY notice given Is provided
for ID the preceding section or this Al.
tieie, for other non.residenfs. but In no
case shall = BIN or petition he taken pro
coetssso against 40 absent infant defend.
ant.
SEQ. 2 And be Il eaaosed, That this
Act shall take effect from md alter Ia
passage.
Approved March 20, 1868.
THOMAS SWAMI, Governor.
lCuAPxKa 203,
1N ACT
10 provide . sumnlary remedy against
Sheriff., FOR making false fetu ~ te
any writ nf 0t,t; f,,y,s.. ~ .sl... y. "a =