382 CHANCERY. [ART. 16

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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 neces-
sary 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.

1888, art. 16, sec. 25. 1860, art. 16, sec. 21. 1807, ch. 140.

25. 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 allega-
tions in the bill of complaint of the party requiring the pro-
duction of the said books pro confesso and decree ex parte, in
such manner as shall appear just and reasonable.

Declaratory Decrees.

Ibid. sec. 26. 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, moke
therein a declaration that he is so entitled without any further
or other relief being asked or given.

Pennington v. Pennington, 70 Md. 418. McCoy v. Johnson, 70 Md. 490
Livingston v. Hall, 73 Md., 392 Wethered v. Safe Deposit Co, 79 Md. 163.
Wahl v. 'Brewer, 80 Md. 243. Plaenker v. Smith, 95 Md, 398.

Ibid. sec. 27. 1888, ch. 478.

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

Ibid. sec. 28. 1888, ch. 478.

28. A trustee of property is "a person interested to deny "
a title, adverse to the title or rights of some one who is not in
existence, and for whom, if in existence, he would be a trustee..

Plaenker v. Smith, 95 Md. 398.