58 CHANCERY. [ART. 16

to have obtained a judgment at law on his demand, in order
to the relief sought in the case, either in his own behalf or
in the behalf of any other creditors who shall claim to partici-
pate in the benefit of the decree in the case; but when the debt
of such plaintiff shall not be admitted by the pleadings in the
case on the part of the defendant interested in contesting the
same, the court shall, on application of any of the parties, send to
any court of law an issue for determining the fact of such
indebtedness, subject to the rules usually applied to issues out of
chancery; providing, this act shall not apply to any case pending
in court in this State.
Morton v. Grafflin, 68 Md. 562.

Inebriates.

1804, ch. 474.

47. Whenever, by petition, under oath, any person shall be
alleged to be an habitual drunkard, incapable of taking care of
himself or his property, any circuit court of this State and also
either of the circuit courts of Baltimore city, shall have the
power, in its discretion, on such preliminary examinations or
inquiry, as it may think proper. to make ex parte, to issue a
warrant to the sheriff of the county or city, respectively, to
arrest and bring the party so charged before such court; and
it shall be the duty of the sheriff to obey such warrant; and such
court shall cause a jury of good and lawful men, to be summoned
by the said sheriff, to be empaneled forthwith, and shall charge
said jury, under oath, to inquire, in the presence of such person,
whether he is an habitual drunkard, incapable of taking care of
himself; and the proceedings in such case shall be like those now
authorized by law in cases of persons alleged to be lunatics or
insane; and the rules of law and proceedings now applicable to
the property of lunatics shall apply to cases of persons declared to
be habitual drunkards under the provisions of this section, except
when herein otherwise directed; and any person who may be
alleged to be an habitual drunkard may dispense with the legal
proceedings to establish the same, and may, with the approbation
of the court wherein said petition may be filed, appoint his own
committee, and may voluntarily enter any institution selected by
the court, for a limited time; and the board of trustees or man-
agers of such institution may retain such person the length of