| NOV. 1798.
CHAP. 84.
Chancellor to
have power to decree,
&c. |
APPENDIX——CHANCERY LAWS.
2. BE IT ENACTED, by the General Assembly
of Maryland, That
the chancellor shall have power and authority, on the application
of either party, on the trial of any actions at law depending in
the general courts, or on any bill instituted in the chancery court,
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 possession 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 or causes (a;) provided, that before any such order shall be
made, the party making such application shall satisfy the chancellor,
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, her or their case, without the
benefit of such testimony.
(a) By 1807, ch. 140, on failure
of the party to produce the books 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, &c. the
chancellor may
in his discretion take the allegations in the bill of complaint of the
party requiring
the production of the said books pro confesso, and decree ex
parte, in such
manner as shall appear just and reasonable. |
|
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|
Passed Jan. 20, 1799. |
CHAP. CI.
An Act for amending, and reducing into system, the Laws and Regulations
concerning Last Wills and Testaments, the duties of
Executors,
Administrators and Guardians, and the rights of Orphans
and other Representatives of deceased persons.
Lib. JG. No. 3,
fol. 187. |
CHAP. 4.
Inquisition finding
lunacy conclusive,
&c. |
5. Any inquisition of a jury, on a writ issued
from chancery,
finding the party an idiot, lunatic, or non compos mentis, and
confirmed by the chancellor, shall be conclusive evidence of the unsound
mind of the party; and if such an inquisition shall not have
been had, at the time when administration ought to be granted, a
writ de lunatico inquirendo may issue by the chancery or orphans
court, on the petition to either of the said courts of any person interested;
and the finding of the jury, that the party is an idiot, lunatic
or madman, or non compos mentis, thereon returned and confirmed
by the chancellor or the orphans court, as the case may be,
shall be conclusive against the party; and a certificate from the register
in chancery, under seal, stating the substance of the proceedings,
shall be evidence in the orphans court, who may thereon
proceed as if the party had not been named in the will. |
CHAP. 10.
Directions to executors,
&c. whereby
the will it is
necessary to retain,
&c. on money
being payable
in future. |
11. If by the provisions in a will it shall
be necessary for an
an executor, or for an administrator with a copy of the will annexed,
to retain in his hands the personal estate, or a part thereof,
after all just claims are discharged, as where money, or some other
thing is directed to be paid at a distant period, or upon a contingency,
the court of chancery or the orphans court shall have power,
on the application of such executor or administrator, or of a
party interested, to decree or give directions relative thereto; and
it shall be the duty of such executor or administrator, to apply to
the court of chancery or the orphans court, and the said courts |
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