ART. 16] CHANCERY. 167

ARTICLE XVI

CHANCERY.

Inebriates.	Trustee.
56A. Maximum annual appropriation	237. Trustee for benefit of creditors of
of Baltimore City for inebriates.	for sale of property, to file bond,
	proviso.
Non Compos Mentis.
117-119. Non combos mentis, lease,	Witnesses and Testimony.
mortgage and sale of property	201-261A. Oral examination of wit-
of; report and ratification; sur-	nesses; procedure upon objec-
render of leases.	tions ; appeal, bills of exceptions
	not required.
Non-Residents.	261B. When a case has already been
125A. Sale of Maryland property of	to Court of Appeals, on subse-
non-resident lunatic; proof of	quent appeal only proceedings
disability and qualification of	subsequent to first appeal need
committee ; payment of proceeds.	be included in transcript.

Abatement and Revivor.

1.

The provisions of article 16 in reference to cases which would, but for
the statute, have abated on the death of a party are very liberal. There
being no ground for the contention that proceedings would have abated
upon the death of the party, the most that can be claimed is that his
death should have been brought to the attention of the court. Spedden v.
Baltimore Refrigerating, etc., Co., 117 Md. 452.

7.

See note to section 8.

8.

There being no final decree, this section held not in terms to apply,
though the court might under its general equity power have directed a
sale to be postponed upon application. Appold v. Prospect Bldg. Assn., 37
Md. 457, distinguished. Spedden v. Balto. Refrigerating, etc., Co., 117 Md.
452.

Alimony.
14.

In states (such as Maryland) where alimony is regarded as a mainte-
nance for the wife's support out of the husband's income, and not as a
division of property, equity has jurisdiction to modify the part of a deeree
providing for alimony, whether a divorce a vinculo or a mensa be granted.
When alimony is so regarded, the wife's remarriage ordinarily relieves the
former husband of the payment of alimony. When a husband and wife
agree as to alimony and the court regards the agreement as fair and
proper, it may be incorporated in the decree; the court has the same con-
trol, however, over such decree as if there had been no agreement. Where