Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1878-05-04
PUBLISHED BY AUTHORITY.


To repeal the eighty-nnih section OF the SIN
teenth Article Of the Code of Public Hehe-
raj Laws, entitled "Chapcery,' relating to
process against nonresident infant defend-
ants, as amended by the Act OF eighteen
hundred and slxty-eislt, chapter two hun
,red. and to insert in said Article, in lieu OF
the section so repealed, the following section
relating to process against nonresident IN
FAINT Defendants:
Section l. Be it enacted, by the General
Assembly of MARYLAND, That section eighty
nine, of article sixteen, Of the Code OF IubIlc
General Laws, entitled "Chancery," relating
to process against nonresident infant d"iend-
ants in Chancery, as repealed and re-eH"cted
bv the act Of eighteen hundred and sixty
eight, chapter two hundred, be, and the same
is hereby repealed, and that the following sec
ton be inserted in said article, as a Substitute
tor and in lieu of said section so repealed.
Sec. SO. In every suit in Chancery, by bill
or petition, where the defendants, or any OF
them, shall be infants, residing out Of this State
CT where application is made by the guardian
or procheinn ami Of any nonresident infant to
sell, lease, mortgage or exchange. the real or
personal property of such infant. on the prayer
or petition of the complainant or petitioner, a
commission may be issued, without any pre-
yious process or notice to any persons, In the
discretion of the Judge of the Court in which
said suit is brought, who reside near such IN
sants, authorizing them, or either OF them, to
appoint a guardian to answer for such infant
or infants and take the answer otsuch infants,
by their said guardian, and the said Judge
NAV prescribe the mode of autientlcatlnG the
execution of such commission, and the answer
of every infant so taken in any case, when re-
turned TO the Court issuing the COMMISSION,
shall be as etiectual as ii taken under a com
mission, executed within the jurisdiction OF
such Court; prorided, that If in any such sun,
the party or parties complainant shall al!eSe,
and prove by oath or affirmation, that the
whereabouts of the infant defendants is I'M
known to him, her or them, and that he, she
or they have made diligent inquiry 10 ascer-
tain the same, the said oath or affirmation
where there is more than one complainant, to
be made by any one, any nnmber, or all OF
when commission may have been issued, as
herein provided, and the party or parties to
whom such 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 exlgency thereof, be-
yond reasonable length OF time, 10 be judged
of by the Court issuing such commission, then
She said infant defendants being non-resldcnts,
may be proceeded against by notice gwen, as
provided for in the preceding section OF this
article, for other non-residents; but IN no case
shall a bill or letition be taken pro coni*SSo
against an absent infant defendant.
Sec. >. And be it enacted, That this act
shall take effect from the date Of its passage.
FETTER 5. HOBLETZELL,
Speaker of Tie House Of Delegates.
EDWARD LLOYD,
President Of the Senate.
Approved April 9TH, 1878
JOHN LEE CARROLL,
Governor of Maryland.
We hereby certify that the aioregoln9 Is cor
rect copy OF an act passed at January ses-
sion, eighteen hundred and scventy.eight
AUGUSTUS GAssAwAY,
Secretary of the Senate.
MILTON Y. KIDD,
Chief Clerk House of Delegates