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Proceedings of the Court of Chancery, 1669-1679
Volume 51, Preface 31   View pdf image (33K)
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                 Introduction to the Legal Procedure.xxxi

      In the first proceeding recorded in this volume application was made to
     the Court of Chancery to restrict recovery on a bond (in which the amount
     of liability would be specified in round numbers), to the actual amount
     of loss against which the bond was intended to give protection. This indicates
     that in Maryland, as in England, the higher common law courts in which suits
     on bonds would regularly be entered did not then have the power so to restrict
     the recovery, but were required to deal with the instrument according to its
     terms, allowing recovery of the amount which the bond stipulated to be paid.
     In Massachusetts at the time the common law courts were exercising the power
     here invoked.
      The remaining Chancery business recorded is substantially the same in nature
     and form as that dealt with in the High Court of Chancery. Suits for accounting
     of proceeds of partnership and other transactions, and for discovery of facts
     necessary to the accounting, for enforcement of awards in arbitrations, of un-
     dertakings to convey lands, for possession of real estate held by trustees and
     accounting by them, to have trusts in land declared and enforced, to try or quiet
     title to land claimed, and for cancellation of instruments such as a bill or
     promissory note.
      One case, on a charter party or contract of affreightment, to recover payment
     of hire of the ship, wages of seamen, and port duties, out of the cargo, may
     have been brought within the jurisdiction of Chancery by its demand for
     restraint of suits begun at common law by the party defendant in this suit.
     Cases of this kind were brought in the Court of Admiralty in England, but the
     Provincial Court in Maryland had been taking jurisdiction of them.


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Proceedings of the Court of Chancery, 1669-1679
Volume 51, Preface 31   View pdf image (33K)
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