CHAP.
XXI.

1806.

And make decree and compel performance, &c

Court may or der plaintiff paid out of property sequestered, on his giving

security, &c.

Refusing to give security, court

may appoint a Peceiver, &c,

Defendant brought into court, and ne

glecting to enter appearance,

&c. the court

may appoint a

aforesaid, the court being satisfied of the truth thereof, may order the plaintiff's bill to be taken pro confesso, and to make such decree thereon as shall be thought just; and may thereupon issue process to compel the performance either by immediate sequestration of the real and personal estate and effects of the party so absenting, if any such can be found, or such part thereof as may be sufficient to satisfy the demands of the plaintiff or plaintiffs in the said suit, or by causing possession of the estate or effects demanded by the bill to be delivered to the plaintiff or plaintiffs, or otherwise, as the nature of the case shall require; and the court may likewise order such plaintiff or plaintiffs to be paid or satisfied his, her or their demands out of the estate or effects so sequestered according to the true intent and meaning of such decree, the plaintiff or plaintiffs first giving security in such sum as the court shall think proper, to abide such order touching the restitution of such estate or effects as the court shall think proper to make concerning the same, upon the defendant or defendants appearance to defend such suit, and paying such costs to the plaintiff or plaintiffs as the court shall order; but in case such plaintiff or plaintiffs shall refuse or neglect to give such security as aforesaid, the court shall order the estate or effects so sequestered, or whereof possession shall be decreed to be delivered, to remain under the direction of the court, either by appointing a receiver thereof, or otherwise, as to the court shall seem meet, until the appearance of the defendant or defendants to defend such suit, and his, her or their paying such costs to the plaintiff or plaintiffs as the court shall think reasonable, or until such order shall be made therein as the court shall think just.

SECT. 4. And be it enacted by the authority aforesaid, That from and after the first day of winterterm; in this present year, if any defendant or defendants, by virtue of any process issuing out of the court of Chancery, shall be brought into court,

for him,

and shall refuse or neglect to enter his, her or their ap- point a solicitor pearance according to the rules or method required by the said court, or to appoint a solicitor of such court to act on his, her or their behalf respectively, such court may appoint a solicitor of the court to enter an appearance for such defendant or defendants and proceedings respectively, and such proceedings may thereupon may be had. be had in the cause as if the party had actually ap

peared.

SECT. 5. Provided always, and be it enacted by Defendant being/ in custody, shall the authority aforesaid, That if any person against be served with whom any such decree shall be made, upon refusal the decree. or neglect to enter his, her or their appearance, or to appoint a solicitor to act on his, her or their behalf, shall be in custody or forth coming, so that he, she or they may be served with a copy of such decree, then he, she or they shall be served with a copy thereof before any process shall be taken out to compel the performance thereof.

re

state, shall be

decree.

SECT. 6. Provided also, and be it enacted by the Defendant authority aforesaid, That if any decree shall be made turning to the in pursuance of this act, against any person or per- served with the sons, being out of this State, or absconding in manner aforesaid, at the time such decree is pronounced, and such person or persons shall within five years after the making such decree, return or become publicly visible, then and in such case, he, she or they shall likewise be served with a copy of such decree, within a reasonable time after his, her or their return or public appearance shall be known to the plantiff or plaintiffs; and in case any de- On whom it' fendant or defendants against whom such decree in case of defenshall be made, shall within five years after the dant's death. making such decree, happen to die before his or her return into this State, or appearing openly as aforesaid, or shall die within the time last before mentioned in custody, before his or her being served with a copy of such decree, then his or her heirs. and executors or administrators, if such defendant shall have any real estate sequestered, or whereof

shall be served

CHAP.
XXI.

1806

Persons not ap

decree shall

stand confirm

ed.

possession shall have been delivered to the plaintiff or plaintiffs, and such heir may be found, and if there be such executor or administrator; or if such heir be a feme covert, infant, non-compos mentis, the husband, guardian or trustee of such heir respectively; or if the personal estate of such defendant be sequestered, or possession thereof delivered to the plaintiff or plaintiffs, then his or her executor or administrator, if any such there be, shall be served with a copy of such decree within a reasonable time after it shall be known to the plaintiff or plaintiffs that the defendant is dead, and who is his or her heir, executor or administrator, or where he, she or they respectively may be served therewith.

SECT. 7. Provided always, and be it enacted by the pearing, &c. the authority aforesaid, That if any person or persons, so served with a copy of such decree, shall not within one year after such service appear and petition to have the said cause re-heard, such decree so made as aforesaid shall stand absolutely confirmed against the person and persons so served with a copy thereof, his, her and their respective heirs, executors and administrators, and all persons claiming or to claim by, through, from or under him, her or them, or any of them, by virtue of any act done, or to be done, subsequent to the commencement of such suit.

Persons served

answer, be

heard, &c.

SECT. 8. Provided nevertheless, and be it enacted pearing and pe- by the authority aforesaid, That if any person so titioning, may served with a copy of such decree, shall within one year next after such service, or if any person not being so served shall within five years next after the making such decree, appear in court and petition to be heard with respect to the matter of such decree, and shall pay down or give security for the payment of such costs as the court shall think reasonable in that behalf; the person or persons so petitioning, his, her or their respective representatives, or any person or persons claiming under him, her or them respectively, by virtue of any act done.

before the commencement of the suit, may be admitted to answer the bill exhibited, and issue may be joined, and witnesses on both sides examined, and such other proceedings, decree and execution may be had thereon as there might have been in case the same party had originally appeared, and the proceedings had then been newly begun, or as if no former decree or proceedings had been in the same

cause.

Persons not petitioning in five years, to have

SECT 9. Provided nevertheless, and be it enacted by the authority aforesaid, That if any person or persons against whom such decree shall be made, the cause reheard, the dehis, her or their heirs, executors or administrators cree shall stand shall not within five years next after the making confirmed. such decree, appear and petition to have the cause re-heard, and pay down or give security for the payment of such costs as the court shall think reasonable in that behalf, such decree made as aforesaid, shall stand absolutely confirmed against the person and persons against whom such decree shall be made, his, her or their heirs, executors and administrators, and against all persons claiming or to claim by, from or under him, her or them, or any of them, by virtue of any act done or to be done subsequent to the commencement of such suit; and at the end of such five years, it shall and be lawful for the court to make such further order as shall be just and reasonable according to the circumstances of the case.

may

SECT. 10. Provided always, and be it enacted by the authority aforesaid, That this act shall not extend or be construed to extend, to warrant or make good any proceeding against any person out of the State, unless it shall appear to the satisfaction of the court by affidavit or affidavits before the making of such decree, that such person had been a resident in the State within one year next before the subpoena in such suit issued against such person; or unless it shall appear by the return of the process, that such person had been duly served

After five years

the court may make further order.

Proceedings not warranted by persons out of the State, &c.

this act against

СНАР.
ΧΧΙ

1806

Infants being

trustees, may der direction of

convey, &c. un

the court.

therewith in the State; or unless the said suit shall be commenced against any person or persons out of the State, for the obtaining a writ or writs of injunction, for staying a suit or suits at law, or to be relieved against any judgment or proceedings at law, obtained or had by any such person out of the State; or unless the said suit shall be commenced against any person seized or possessed of any estate, real or personal within the State; or unless the said suit shall relate to, or concern, or affect any lands, tenements, goods, chattels, rights, credits or other real or personal estate within the State, or to any contract made or to be done or performed within the State.

SECT. 11. And be it enacted by the authority aforesaid, That from and after the first day of July next, it shall and may be lawful to and for any person or persons under the age of twenty-one years, having estates in lands, tenements or hereditaments, in trust only for others, by direction of the court of Chancery, signified by an order made upon hearing all parties concerned on the petition of the person or persons for whom such infant or infants shall be seized or possessed in trust, or of the guardian or guardians of such infant or infants, to convey and assure any such lands, tenements or hereditaments in such manner as the said court of Chancery shall, by such order so to be obtained, direct to any other person or persons, and Effect of such such conveyance and assurance, so to be had and made as aforesaid, shall be as good and effectual in law, to all intents and purposes whatsoever, as if the said infant or infants were at the time of making such conveyance or assurance of the full age of twenty-one years, any law, custom or usage to the contrary notwithstanding.

conveyance.

Infants being

SECT. 12. And be it enacted by the authority trustees, may aforesaid, That all and every such infant or infants being only trustee or trustees as aforesaid, shall and may be compelled, by such order, so as aforesaid

convey.