| NOV. 1806.
CHAP. 55. |
APPENDIX——CHANCERY LAWS.
and on that account may conceive that he cannot conscientiously
act thereon, and shall so certify in writing, the same shall be heard
and determined by the chief judge of the third judicial district, or
by the court thereof, at the election of the complainant (b), and all
interlocutory and other orders in such cases shall be made by the
said chief judge, which determinations and orders shall have the
same effect as if made by the chancellor, and such decree shall be
subject to appeal in like manner.
(b)
The same advantages given to the respondent by 1811, ch. 189. |
Chancellor may
require his opinion
on any part of
law, &c. |
2. AND BE IT ENACTED, That the chancellor
may require the
opinion of the chief judge of the said district on any question of
law which may arise in any suit in chancery, and in which, according
to the usual practice, such opinion may be thought necessary;
and that it shall be the duty of the said chief judge to express, in
writing, such opinion; provided, that in case of such opinion being
given, or in the case of any decree or order made by the said chief
judge, or by the court, he being sitting therein, the said chief
judge shall withdraw from the bench upon the deciding of the same
case before the court of appeals. |
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Passed Jan. 20,
1808. |
NOVEMBER SESSION, 1807.
—
CHAP. CXL.
An Act to increase the powers of the High Court of Chancery. Lib.
TH. No. 1, fol. 478. |
| Preamble. |
WHEREAS it is represented to this general assembly,
that the
court of chancery has not the power to decree against parties who
have been directed to produce books relative to disputes in said
court, and who have neglected or refused to comply with such direction;
therefore, |
Where chancellor
may order production
of books,
and party fails to
produce them, he
may take the allegations
of the
other pro confesso. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
in any case where the chancellor has ordered, or may order, the
production of books (c) in the possession of any party in the said
court, on the failure or such party to produce such books, so directed
to be produced, by the day therein limited, or to shew sufficient
cause for such failure, during the first four days of the succeeding
term, or any other term that may be appointed therefor, 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.
(c) See 1798, ch. 84. |
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Passed Jan. 7, 1812. |
NOVEMBER SESSION, 1811.
—
CHAP. CLXXXIX.
A Supplement to the act, entitled, An act to encourage the Chancery
Court. Lib. TH. No. 3, fol. 269. |
Respondents to
have all the benefits
and advantages |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
every respondent in any case now depending, or which may hereafter |
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