ART. 16] DECLARATORY DECREES. 351

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.

The power given by this and the following section should be exercised
with caution, but without hesitation, in a proper case. When a proper case
is made out. When an answer is required to a petition for discovery
Amendment of the bill of complaint not necessary. Eschbach v. Lightner, 31
Md. 532; Williams v. Williams, 1 Md. Ch. 201; Rluggold v. Jones, 1 Bl. 91.

The power of the court under this section sustained, but the application
held defective. Williams v. Williams, 1 Md. Ch. 201: Duvall v. Farmers' Nat'l
Bank, 2 Bl. 686. And see Williams v. Hall, 1 Bl. 196; Williams v. Savage
Co., 3 Md. Ch. 419.

This section is merely an affirmance of the powers of the court of chan-
cery. Winder v. Diffenderffer. 2 Bl. 195.

Cited but not construed in Buckingham v. Peddicord. 2 Bl. 457.
As to the production of books and papers before the auditor, see sec. 23.
As to the production of books, and bills of discovery at law, see art. 75.
sec. 99, at serj.

1904. art. 16. sec. 25. 1S88, art. 16. sec. 25. 1860. art. 10. sec. 21. 1807. ch. 140.

26. 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 time
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 confesso and decree ex parte, in such
manner as shall appear just and reasonable.

Cited but not construed in Buckingham v. Peddicord, 2 Bl. 457.
See notes to sec. 25.

Declaratory Decrees.

Ibid. sec. 26. 1888, art. 16. sec. 26. 1888. ch. 478.

27. Any person entitled to any legal character, or to any right as
to any property, may institute a suit against any person denying, or
interested to deny, his title to such legal character or right; and the
court may, in its discretion, make therein a declaration that he is so
entitled without any further or other relief being asked or given.

The jurisdiction of the court under this and the following sections, should
never he invoked for the purpose of determining a mere moot or abstract
question. It is only in cases where equity would have jurisdiction if some
specific or ultimate relief were asked, that these sections apply. Pennington

v. Pennington, 70 Md. 430; Wethered, v. Safe Deposit Co.. 79 Md. 163.

This section does not confer upon a court of equity any Jurisdiction which
it did not theretofore have, such as that to determine matters properly cog-
nizable at law before a jury. McCoy v. Johnson. 70 Md. 492.

Where property is devised for life with remainders over, the court will
not during the life of the life tenant entertain under this and the five fol-
lowing sections, a bill to decide whether the remainders are vested or contin-
gent. Wahl v. Brewer. 80 Md. 24.3: Pennington v. Pennington, 70 Md. 430.