The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1878-05-11
CHAPTER s22.
CITANCERY.
nv ACT

AN AII
To repeal the eighty-ninth section Of the
sixteenth Article of the Code of Public
General Laws, entitled "Chancery," re-
lating to process against nonresident
infant defendants, as amended by the
Act of eighteen hundred aud sixty -eight,
chapter two hundred, and to insert in
said Article, in lieu Of the section so
repealed, the following section relating
to process against nonresident infant
defendants:
Section |. Be it enacted by the Gen
eral Assembly Of Maryland, That section
eighty-nine, of article sixteen, of the Code
of Public General Laws, entitled "Chan-
Gerry" relating to process against non-resi-
dent infant defendants in Chancery, as
repealed and re-enacted BY the act Of eigh-
teen hundred and sixty-eight, chapter two
hundred be, and the same is hereby re-
pealed, and that the following section be
inserted in said article, as substitute for,
and in lieu Of said section so repealed.
Sec. &C. 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 pTOcteian 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, COM
mission may be issued, without any previ-
Gus 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 infants, authorizing them, or either
Of them, to appoint guardian to answer
for such infant or infants, and take the
answer Of such infants, by their said guar
dian, 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 commits
sion, shall be as effectual as if taken under
a commission, executed within the juris-
dietion of such Court; proviled, that if in
any such suit, the party or parties COM
plainant shall allege, and prove by oath or
affirmation, that the whereabouts of the
infant defendants is unknown to him, her
or them, and that be, 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 is
sued, 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 neg
leet to execute or return the same, accord
ing TO the exigency thereof, beyond rea-
sonable length Of time, to be judged Of by
the Court issuing such commission, then
che said infant defendants being non.resi-
dents, may be proceeded against by notice
given, as provided for in the preceding
section of this article, for other non-resi-
dents; but in no case shall bill or petit
iloa be taken pro coRfessO against an alb
sent infant defendant.
Sec. 2 Aud be it enacted, That this
act shall take effect from the date of its
passage.
FETTER s. H0BLITZEL,
Speaker of the House of Delegates.
EDWARD LLOYD,
President of the Senate.
Approved April 9th, 1873.
JOHN LEE CARROLL,
Governor of Maryland
We hereby certify that the aforegoing is
n correct copy Of az act passed 1T Jan
nary session, eighteen hundred and sew
enty-eight.
AUGUSTUS GAssAwAY,
Secretary Of the Senate
MILTOa Y. KIDD,
Chief Clerk House of Delegates.