Id. s. 13. 1831, c. 290, s. 3. Of what ratification to be conclusive. 28 Md. 388, 488. ment issued by any justice of the peace of said county on a certified copy under seal of the said court of the said judgment. 168. If the court shall ratify and confirm the sale, said ratification shall be deemed and taken as conclusive evidence of the sufficiency and regularity of the notice required as aforesaid, and manner of making said sale, and the return and proceedings shall be recorded as if the judgment had been rendered in said court. 25. Notice in equity to non-residents; decree 26. How answer of non-resident infant de- 27. Case to be proved against non-resident non 28. Right to review decree for specific per formance; when, if infant or non compos 30. Notice in case of corporation whose officers non-residents. 31. Bill of interpleader, non-resident defendants; notice. 32. Where defendants not known to be living or heirs unknown. 3. How bill may describe unknown heirs, and notice. 34. Non-resident, etc., may appear and answer before final decree. 35. Notice by publication; proviso; service of copy: proof of service. 36. Proceeding where defendant after appearance leaves the State without sufficient answer. ANSWER. 37. When answer to be sworn to; when evidence; to what motions not to apply. AMENDMENT. 38. Amendment before final decree upon payment of costs. 39. Where parties under age, feme coverts or non-resident. INTERROGATORIES. 40. Interrogatories to complainant may be 41. Bill may be dismissed, unless interrogatofiled; how answer compelled. ries answered. 47. Bill of discovery; proceedings on defendants failing to answer; decree pro confesso. DEFENDANT'S APPEARANCE AND ANSWER AFTER INTERLOCUTORY DECREE, ETC. 48. How defendant may file his answer before final decree, and proceedings consequent, discretion of court; commission to take testimony previously issued. INFANT OR INSANE DEFENDANTS. 49. No decree pro confesso to pass against infants or insane defendants. BILLS OF REVIEW, ETC., AS TO INFANTS AND PERSONS NON COMPOTES MENTIS. 50. When pleadings and proof may be supplied on bill of review, etc. PRODUCTION OF BOOKS, ETC., UNDER ORDER OF COURT. 56. Production of documentary evidence under 57. Proceedings on failure of party to produce order of a court of equity. books, etc. HEARING AND OPINIONS. 69. When cause may be set down for hearing under ex parte commission. 70. When some of defendants are in default. 71. Decree on submission. 72. Opinions; not to apply to Baltimore city. EXECUTING, OR COMPELLING OBEDIENCE TO DECREE OR order. 86. Security or counter security of trustee may have counter security; proceedings. RELEASES TO TRUSTEES. 87. Releases to trustees in equity may be recorded; before whom to be acknowledged in State. 88. Before whom to be acknowledged out of State. 89. Copies to be evidence. TRANSFERS BY TRUSTEES TO TRUSTEES IN OTHER STATES. 90. Transfer of trust property to trustee appointed in another State. 91. Equity court to pass order for transfer; proviso. 92. Release and receipt of trustee to be sufficient. RESIGNATION OF TRUSTEE. 93. Resignation of trustee appointed by will 94. Court to appoint new trustee; proviso. or deed, or court of equity, proceedings. TRUSTEES UNDER DEEDS OF TRUST. 95. Trustee under deed to give bond; hond 98. Trust estate to vest in new trustee on bonding. 99. Within what time trustee to report amount of trust estate; sales to be reported and ratified. 100 Proceeding where trustee fails to make report. VACATING CONVEYANCES, ETC., AS FRAUDULENT AGAINST CREDITORS. 101. Proceeding to vacate fraudulent deeds or contracts. EQUITABLE JURISDICTION TO REMEDY OMISSION TO RECORD, OR TO GIVE EFFECT TO INFORMAL OR INVALID DEEDS. 102. Proceeding to remedy omission to record deed agreeably to law; effect of recording in pursuance of decree. 103. Defective acknowledgments; petition to Circuit Court, and answer, etc.; testimony; order of court; proviso. EQUITABLE JURISDICTION OVER DOWER. 104. Courts of equity, concurrent jurisdiction in dower. 105. Conveyance by infant of dower, how confirmed. 106. Allowance in sales in lieu of dower. 107. Lands by joint owners may be sold free 108. Assignment, where widow will not con- SPECIAL POWERS AND JURISDICTION OF COURTS OF EQUITY. 1852, c. 16, s. 1; Jurisdiction. 1. The judges of the several judicial circuits, and the judge of the Art. 16, s. 56. Circuit Court of Baltimore City, shall each, in his respective circuit, 1853, c. 122, s. 2. have and exercise all the power, authority, and jurisdiction which 26 Md. 33; the Court of Chancery had at the adoption of the former Constitu- 32 Md. 147: tion of 1851. 9 G. & J. 468. 1852, c. 16, ss. Judge may, at 2. Each of the circuit judges may grant injunctions, or pass Id. s. 57. orders or decrees in equity, at any place in his circuit, to take effect 2, 4. in any part of his circuit, and may require in writing the original any place in cirpapers in any case, or abstracts and transcripts to be produced cuit, pass orders, before him, wherever he may be in his circuit. etc. Where land in one county another, or in defendants re counties, etc. 38 Md. 75. 3. Whenever lands lie partly in one county and partly in another, 1879, c. 450. or partly in a county and partly in the city of Baltimore, or when- situate partly ever persons proper to be made defendants to proceedings in chan- and partly cery reside, some in one county and some in another, or some in a city of Balticounty and some in the city of Baltimore, that court shall have juris- more, or where diction in which proceedings shall have been first commenced; pro- side in different vided, that all proceedings for any partition of real estate, to foreclose mortgages on land, or to sell lands under a mortgage, or to enforce any charge or lien on the same, shall be instituted in the court of the county or the city of Baltimore where such lands lie, or if the lands lie partly in one county and partly in another, or partly in one county and partly in the city of Baltimore, then such proceedings may be commenced in either county or in the city of Baltimore; but no sale or partition of lands under any such proceedings shall take place after the passage of this act, except under the decree of a court, as herein before provided; provided, that in case of any sale of lands under a decree of a court in any county where part only of the lands lie, a copy of the bill, decree, and trustee's report of sale, and in case of partition of real estate, a copy of the bill and the final decree of partition, certified under the official seal by the clerk of the court in which the proceedings were commenced, shall be filed in the clerk's office of the court of the county, or of the city of Baltimore, where any other part of such lands shall lie; and, on receipt of such copies by the clerk of such court, it shall be his duty forthwith to docket and index the said bill and other proceedings in his chancery docket, and to record the same as though said cause had originated in his court. 4. Where defendants reside in different counties, or in a county Art. 16, s. 59. and the city of Baltimore, the court where any one of the defendants 12, c. 16, ss. 5, 6. ants reside in different counties, etc. 1870, c. 450. Where lands of decedent are partly in one County and partly in another. 38 Md. 75. Art. 16, s. 61. 1787, c. 30; 1822, c. 16. Where defend ants are nonresidents. Id. s. 62. 1785, c. 72, s. 13; 1841, c. 303; 1852, c. 16. resides shall have jurisdiction, and the bill or other proceedings may be filed or had in such court. 5. In case of the lands of any deceased person which may lie in more than one county, or in the city of Baltimore and one or more counties, becoming liable to the payment of his debts, or where lands may have been mortgaged which lie in more than one county, or in the city of Baltimore and one or more counties, then all such lands may be sold under a decree of the court of that county or of the city of Baltimore, in which the proceedings to sell the same shall be first commenced; and in such case a copy of the bill, decree, and trustee's report of the sale, shall be sent to the clerks of the proper courts where such lands may respectively lie, to be docketed, indexed, and recorded as herein before provided. 6. Where all the defendants are non-residents, the bill shall be filed in the court of the county or city where the property to be affected by such bill or some part thereof lies, or shall be at the time the suit is instituted. 7. Where a decree has been made for a specific performance of a contract or the conveyance of land, or for the sale of land, the court In bills for spe- passing such decree shall have the same power to execute said decific performcree, or compel a compliance therewith in cases where the land, property, or parties reside or lie in different counties from that in which the decree was passed, as if the said parties, land, or property resided and lay in the county where the decree was passed. ance, where parties reside, or lands lie in different counties. Id. s. 68. 8. Nothing in the testamentary law of this State shall be con1831, c. 315, s. 17. strued in any manner to affect the general superintending power of the courts having chancery jurisdiction with respect to trusts. Jurisdiction of Orphans' Courts not to interfere with. Id. s. 69. 1798, c. 101, sub-c. 14, s. 6. In what 30 Md. 511; 33 Md. 588. 9. A suit in chancery may be maintained for a legacy in cases where a bond has been given to pay debts and legacies. cases suit may be maintained for legacy. 38 Md. 338. Id. s. 78. 10. The courts of equity in this State shall not hear, try, deter1715, c. 41, s. 7. mine, or give relief in any cause, matter, or thing wherein the origito extend below nal debt or damages does not amount to twenty dollars. Jurisdiction not $20. 3 Md. Chan. Dec. 331; 35 Md. 81. Id. s. 123. 1815, c. 163, s. 7; 1817, c. 139; 1819, c. 144, s. 3. Process to issue to any part of the State. Art. 16, s. 1. 1820, c. 161; 1842, c. 229. When suits 11. A court of equity may issue process of any sort, including commissions to take testimony to any part of the State. ABATEMENT AND REVIVOR. 12. No suit in chancery shall abate by the death of any of the parties in cases where the rights involved in the suit survive. in equity not to abate. 17 Md. 260. Id. s. 2. 1820, c. 161, s. 4; 1844, C. 44, s. 2. 13. If any of the parties to a suit in chancery, whether complainant or defendant, shall die after the filing of the bill or petition, it shall not be necessary to file a bill of revivor; but any of the sur viving parties may file a suggestion of such death, setting forth 1 Bl. 130, 547. when the death occurred, and who is the legal representative of such How suits revived after death of parties. 36 Md. 83; |