1094

LAWS OF MARYLAND.— 1838.

Evidence
or aver-
ments of
the bill.

To be made
by excep-
tion filed.
Otherwise
no point to
be enter-
tained by
court of
appeals
thereon.
Duty of
court of
chancery to
file their
opinions on
final decree.

of evidence, and to the sufficiency of the averments of the bill
or petition) shall be made by exceptions filed in the cause, and
no point relating to the competency of witnesses or the admis-
sibility of evidence, or sufficiency of the averments of the bill
or petition shall be raised in such causes in the court of appeals,
or noticed or determined, or acted upon by the court of appeals,
unless it shall plainly appear in the record, that such point had
been raised by exceptions as aforesaid in said court of chancery
or county court, and in all causes in the court of chancery, or
any county court, as a court of equity, it shall be the duty of
the said courts to file their opinions for or in respect of any
final decree or decretal order, whenever such decree or order
shall have passed upon argument, oral, or in writing, on part of
any of the parties in such causes.

Court of
appeals in-
stead of
passing a
final decree
as now used
may if, &c.
remand
causes for
further pro-
ceedings
necessary
to deter-
mine its
merits.

SEC. 6. And be it enacted, That if upon or after the hearing
or consideration of any appeal from any decree or order of the
court of chancery, or of a county court as a court of equity, it
shall appear or be shewn to the court of appeals, that the sub-
stantial merits of the cause will not be determined by the
reversing or the affirming of such decree or order, or that the
purposes of justice will be advanced by permitting further pro-
ceedings in the cause, either through amendment of any of the
pleadings, or the introduction of further evidence or otherwise,
then the said court of appeals, instead of passing a final decree,
or order as is now used, shall order the said cause to be re-
manded to the court from whose decision the appeal was taken,
and thereupon such further proceedings shall there be had by
amendment of pleadings or further testimony to be taken or
otherwise, as shall be necessary for determining the cause upon
its merits, and as if no appeal had been taken in the cause, and
the decree or order appealed from, had not been passed, save

Save only
points final-
ly decided
by.

Exprets
reasons for
remanding.

only that the order or decree passed by the court of appeals,
shall be conclusive as to the points finally decided thereby ;
and it shall be the duty of the court of appeals, in its order
remanding the cause as aforesaid, to express the reasons for the
remanding as aforesaid, and also to determine and declare the
opinion of said court of appeals on all points which may have
been made before the said court of appeals or which may
be presented by the record ; and it is hereby declared to be the

Duty of
court of ap-
peals to file
their opi-
nions, tic.
in all cases,
from courts
of chancery
or equity.

Case of in-
fant feme
covert.

duty of the court of appeals, in all cases of appeal from decrees
or orders of the court of chancery, or of a county court as a
court of equity, to file the opinion of said court of appeals, for
or in respect of its determination of said causes, when such
determination shall be had upon argument, oral or in writing,
on part of any of the parties in such cases.
SEC, 7. And be it enacted, That where any infant, feme
covert, shall, in respect of her dower, unite with her husband