UNIFORM DECLARATORY JUDGMENTS ACT 1371

ARTICLE 31A.

UNIFORM DECLARATORY JUDGMENTS ACT.

	1. Scope.	8. Supplementary relief.
	2. Power to construe.	9. Jury trial.
	3. Before breach.	10. Costs.
	4. Executor, etc.	11. Parties.
	5. Enumeration not conclusive.	12-15. Construction and interpretation.
	6. Discretionary.	16. Short title.
	7. Review.

1939, ch. 294, see. 1.

1. (Scope.) Courts of record within their respective jurisdictions
shall have power to declare rights, status, and other legal relations whether
or not further relief is or could be claimed. No action or proceeding shall
be open to objection on the ground that a declaratory judgment or decree
is prayed for; nor shall the existence of another adequate remedy pre-
clude a judgment for declaratory relief in cases where it is appropriate.
The declaration may be either affirmative or negative in form and effect;
and such declarations shall have the force and effect of a final judgment or
decree.

This Article applied in rendering decree holding restrictive covenants in deed still
in effect. Levy v. Dundalk Co., (Judge Lawrence, Circuit Court for Baltimore Co.),
Daily Record, Aug. 15, 1939.

Declaratory decree construing Art. 56, Sec. 183, was issued in Baltimore City Court,
Nov. 24, 1939. Baltimore v. State, Daily Record, Nov. 29, 1939.

1939, ch. 294, sec. 2.

2. (Power to Construe, etc.) Any person interested under a deed, will,
written contract or other writings constituting a contract, or whose rights,
status or other legal relations are affected by a statute, municipal ordi-
nance, contract or franchise, may have determined any question of con-
struction or validity, arising under the instrument, statute, ordinance,
contract, or franchise and obtain a declaration of rights, status or other
legal relations thereunder.

1939, ch. 294, sec. 3.

3. (Before Breach.) A contract may be construed either before or
after there has been a breach thereof.

1939, ch. 294, sec. 4.

4. (Executor, etc.) Any person interested as or through an executor,
administrator, trustee, guardian or other fiduciary, creditor, devisee, lega-
tee, heir, next of kin, or cestui que trust, in the administration of a trust,
or of the estate of a decedent, an infant, lunatic, or insolvent, may have a
declaration of rights or legal relations in respect thereto;

(a) To ascertain any class of creditors, devisees, legatees, heirs, next of
kin or others; or