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
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
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.