550 ARTICLE 16

This section is merely an affirmance of the powers of the court of chancery. Winder v.
Diffenderffer, 2 Bl. 195.

Original jurisdiction of equity as to bills of discovery not abolished by statute for pro-
duction of books and papers. Affidavit not necessary to bill of- complaint. Sufficiency of
bill for discovery. This section an affirmance of general equity powers. See notes to
art. 75, sec. 106. Hill v. Finder, 150 Md. 406.

Cited but: not construed in Buckingham v. Peddicord, 2 Bl. 457.

As to the. production of books and papers before the auditor, see sec. 24.

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

An. Code, 1924, sec. 27. 1912, sec. 26. 1904, sec. 25. 1888, sec. 25. 1807, ch. 140.

28. 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
f our 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. 27.

Declaratory Decrees.

An. Code, 1924, sec. 28. 1912, sec. 27. 1904, sec. 26. 1888, sec. 26. 1888, ch. 478.

29. 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 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 cognizable 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 following sections, a bill to
decide whether the remainders are vested or contingent. Wahl v. Brewer, 80 Md. 243;
Pennington v. Pennington, 70 Md. 430.

This and the five following sections have no application to a bill filed by the
leasehold owner of property praying the direction of the court in the exercise of his
right of redemption, the plaintiff not having given the required notice of his intention
to redeem. Plaenker v. Smith, 95 Md. 398.

A bill to determine the amount of a mortgage claim may not be amended by adding
a prayer for a declaratory decree under this section. Getz v. Johnston, 143 Md. 549.

Where will provided that son would not receive corpus of estate if he was living
with his "present wife" when his younger brother reached the age of thirty, held that
court of equity could properly assume jurisdiction to construe will under Secs. 29-35.
Fleishman v. Bregel, 174 Md. 87.

Company developing tract of land for dwelling house purposes not entitled to
declaratory decree, under its reserved power, to dispense with restriction as to erection
of apartment houses in particular case. Saunders v. Roland Park Co., 174 Md. 188.

Cited but not construed in Livingston v. Hall, 73 Md. 393.

Secs. 29-35 cited in Curtis v. Md. Baptist Union Assoc., 176 Md. 430.

An. Code, 1924, sec. 29. 1912, sec. 28. 1904, sec. 27. 1888, sec. 27. 1888, ch. 478.

30. No court, shall make any such declaratory decree where the plain-
tiff being, in the opinion of such court, able to seek further relief than a
mere declaration of title, omits to do so.
See notes to sec. 29.