ART. 16.] CHANCERY—DECLARATORY DECREES. 139

or suits in chancery, either for discovery or relief, to require and
decree that the parties shall produce either the original books,
writings or papers, or copies certified by a justice of the peace,
of all such parts of such books, writings or papers in their pos-
session or power as contain evidence 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.

Ringgold v. Jones, 1 Bl 88. Williams v. Hall, 1 Bl. 193. Buckingham v.
Peddicord, 2 Bl 447. Duvall v. Farmers' Bank, 2 Bl 686 Williams v.
Savage Manfg. Co , 3 Md. Ch. 418 Eschbach v. Lightner, 31 Md 528.

P G L , (1860,) art. 16, sec 21. 1807, ch. 140.

25. In any case where a court of equity may order the pro-
duction 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 com-
plaint of the party requiring the production of the said books
pro confesso, and decree exparte, in such manner as shall appear
just and reasonable.

Declaratory Decrees.

1888, ch 478.

26. 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 decla-
ration that he is so entitled without any further or other relief
being asked or given.

Ibid.

27. No court shall make any such declaratory decree where
the plaintiff being, in the opinion of such court, able to seek
farther relief than a mere declaration of title, omits to do so.