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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 74   View pdf image (33K)
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74 CHANCERY. [ART. 16.

BOOKS.

20. The courts of equity shall have power and authority, on
the application of either party on the trial of any actions at law
or suits in chancery, either for discovery or relief, to require and
decree that the parties shall produce either the original books,
writings or papers, or copies certified by a justice of the peace,
of all such parts of such books, writings or papers in their pos-
session or power as contain evidence pertinent to the issue, or
relative to the matters in dispute between the parties, to be used
as evidence at the trial of such cause; but before any such order
shall be made, the party making such application shall satisfy
the court, on oath or affirmation, that the said books, writings or
papers contain material and necessary evidence, and that such
party cannot safely proceed to the trial of his case without the
benefit of such testimony.

21. In any case where a court of equity may order the produc-
tion of books in the possession of any party in the said court, on
the failure of such party to produce such books so directed to be
produced by the day therein limited, or to show sufficient cause
for such failure, during the first four days of the succeeding term,
or any other term that may be appointed therefor, the said court
may in its discretion take the allegations in the bill of complaint
of the party requiring the production of the said books pro con-
fesso, and decree ex parte, in such manner as shall appear just
and reasonable.

CORPORATIONS.

22. When a judgment has been recovered against a corpora-
tion, and an execution on such judgment returned nulla bona, the
person or body corporate entitled to such judgment may file a
bill in equity against all or any persons who may be in any man-
ner indebted to said corporation either for the stock thereof or on
any other account, and if the court shall find such person or per-
sons to be indebted to said corporation, a decree shall pass direct-
ing such persons so found to be indebted to bring the money into
court, to be distributed rateably among the creditors of such cor-
poration, in the same manner that distribution is made on a cre-
ditor's bill, and any of the defendants to said bill may pray a
trial at law of any issue of fact in said case, which issue shall be
sent to a court of law for trial, and the complainant may require,
by said bill, or by another bill, the officers of such corporation to

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 74   View pdf image (33K)
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