1832.

LAWS OF MARYLAND.

CHAP. 302.

ments, or any interest or benefit, in or of or from the
same.

Objection to com-

petency of witness-

es

Sec. 5. And be it enacted, That hereafter in all causes
in the court of chancery, or any county court as a court of

Evidence or aver-

ments of the bill

equity, all objection to the competency of witnesses and the
admissibility of evidence, and to the sufficiency of the
averments of the bill or petition, shall be made by excep-

To be made by

exception filed

tions filed in the cause, and no point relating to the com-
petency of witnesses or the admissibility of evidence, or

Otherwise no point

to be entertained

by Court of Ap-

peals thereon

sufficiency of the averments of the bill or petition shall be
raised in such causes in the court of appeals, or noticed
or determined, or acted upon by the court of appeals, un-
less it shall plainly appear in the record, that such point
had been raised by exceptions as aforesaid in said court of

Duty of Court of

Chancery to file

their opinions on

final decree

chancery or county court, and in all causes in the court of
chancery, or any county court, as a court of equity, it shall
be the duty of the said courts to file their opinions for or
in respect of any final decree or decretal order, whenever
such decree or order shall have passed upon argument,
oral, or in writing, on part of any of the parties in such
causes.

Court of appeals

instead of passing

a final decree as

now used, may if

&c. remand causes

for further pro-

ceddings, necessa-

ary to determine its

merits

Sec. 6. And be it enacted, That if upon or after the hear-
ing or consideration of any appeal from any decree or order
of the court of chancery, or of a county court as a court of
equity, it shall appear or be shewn to the court of appeals,
that the substantial merits of the cause will not be deter-
mined by the reversing or the affirming of such decree or
order, or that the purposes of justice will be advanced by
permitting further proceedings in the cause, either through
amendment of any of the pleadings, or the introduction of
further evidence or otherwise, then the said court of appeals,
instead of passing a final decree or order as is now used,
shall order the said cause to be remanded to the court from
whose decision the appeal was taken, and thereupon such
further proceedings shall there be had by amendment of
pleadings or further testimony to be taken or otherwise, as
shall be necessary for determining the cause upon its merits,
and as if no appeal had been taken in the cause,and the decree

Save only points

finally decided by

or order appealed from, had not been passed, save only that
the order or decree passed by the court of appeals, shall be
conclusive as to the points finally decided thereby; and it

Express reasons

for remanding

shall be the duty of the court of appeals, in its order re-
manding the cause as aforesaid, to express the reasonsn for
the remanding as aforesaid, and also to determine and de-
clare the opinion of said court of appeals on all points
which may have been made before the said cout of ap-