Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1878-05-03
p UB LIC
G ENERAL LAW s
PASSED BY THE
GENERAL ASSEMBLY OF MARYLAND
At the January Session, 1878.
PUBLISHED BY AUTHORITY.
TCHAPTER 800. ]
CHANGER Y.
AN ACT
PUBLISHED BY AUTHORITY.

To repeal the eighty-ninth section of the six
teenth Article of the Code of Public Gene
raj Laws, entitled "Chapcery," relating to
process against nonresident infant defend
ants, as amended by the Act of eighteen
hundred and sixty-eight, chapter two hun
Cred, 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the section SO repealed, the following section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 |. Be it enacted, by the General
Assembly OF Maryland, That section eighty
nine, of article sixteen, of the Code of Public
General Laws, entitled "Chancery," relating
to process against nonresident infant defend
ants in Chancery, as repealed and re-eracted
by 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is hereby repealed, and that the following sec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 substitute
for, and in lieu Of said section 80 repealed.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,
or where application is made by the guardian
or procheina ami Of any nonresident infant 10
sell, lease, mortgage or exchange. the real or
personal property of such infant, on the prayer
or petition of the complainant or petitioner,
commission may be issued, without any pre-
vious 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
fants, authorizing them, or either OF then, TO
appoint 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 authenticatlng the
execution of such commission, and the answer
ofevery infant so taken in any case, when re-
turned TO the Court issuing the commission,
shall be as effectual as if taken under com
mission, executed within the jurisdiction OF
such Court; prOrided, that if in any such sui,
the party or parties complainant shall allege,
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 to ascer-
tain the same, the said oath or afiirmation'
where there is more than one complainant, to
be made by any one, any number, or all oil
such parties, in the discretion of the Court, or
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 commissio may have been issued,
shall refuse or neglect to execute or return me
same, according TO the exigency thereof, be-
yond reasonable length OF time, TO be Judged
of by the Court issuing such commission, then
the said infant defendants being non-resldents,
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 bill or petition be taken pro contesso
against an absent infant defendant
Sec. 2. And be it enacted, That this act
shall take effect from the date Of its passage.
FETTER S. HOBLlTZELL,
Speaker Of the House of Delegates.
EDWARD LLOYD,
President of the Senate.
Approved April 9TH, 1878.
JOHN LEE CARROLL,
Governor Of Maryland.
We hereby certify that the aioregoing is a cor
rect copy of an act passed at January SEES
sion, eighteen hundred and seventy.eight
AUGUSTUS GAssAwAY,
Secretary of the Senate.
MILTON Y. KIDD,
Chief Clerk House of Delegates