444 ARTICLE 16.

Books and Papers, Production of.

An. Code, sec. 25. 1904, sec. 24. 1888, sec. 24. 1798, ch. 84.

26. The courts of equity shall have power and authority, on the appli-
cation 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
roduce either the original hooks, writings or papers, or copies certified
iy 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 he used as evidence
at the trial of such cause; hut hefore any such order shall he made, the
party making such application shall satisfy the court, on oath or affirma-
tion, 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 cau-
tion, 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; Ringgold 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' Natl. 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 chancery.
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.

Re. production of books, and bills of discovery at law, see art. 75, sec. 106, et seq.

An. Code, sec. 26. 1904, sec. 25. 1888, sec. 25. 1807, ch. 140.

27. In any case where a court of equity may order the production 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. 26.

Declaratory Decrees.

An. Code, sec. 27. 1904, sec. 26. 1888, sec. 26. 1888, ch. 478.

28. 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
be invoked for the purpose of determining a mere moot or abstract question. It