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Session Laws, 1939
Volume 581, Page 208   View pdf image (33K)
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208 LAWS OF MARYLAND. [CH. 131

section was enacted by Chapter 128 of the Acts of 1937,
and Section 95A of Article 75 of said Annotated Code (1935
Supplement), title "Pleadings, Practice and Process At
Law", sub-title "Foreign Laws", and to add seven (7) new
sections to Article 35 of said Annotated Code (1924 Edi-
tion), title "Evidence", to be under sub-title "Foreign
Laws", said new sections to be known as Sections 50A-
50G, and to follow immediately after Section 50 of said
Article, prescribing the manner of ascertaining and apply-
ing foreign statutes and common law in actions or pro-
ceedings at law or in equity.

SECTION 1. Be it enacted by the General Assembly of Mary-
land,
That Section 231A of Article 16 of the Annotated Code
of Maryland (1935 Supplement), title "Chancery", sub-title
"Pleadings, Practice and Process", as said section was enacted
by Chapter 128 of the Acts of 1937, and Section 95A of Article
75 of said Annotated Code (1935 Supplement), title "Plead-
ings, Practice and Process At Law", sub-title "Foreign Laws",
be and they are hereby repealed.

SEC. 2. And be it further enacted, That seven (7) new sec-
tions be and they are hereby added to Article 35 of said Anno-
tated Code (1924 Edition), title "Evidence", to be under sub-
title "Foreign Laws", said new sections to be known as Sec-
tions 50A-50G, to follow immediately after Section 50 of said
Article, and to read as follows:

50A. Every court of this State shall take judicial notice of
the common law and statutes of every State, territory and
other jurisdiction of the United States, and of every other
jurisdiction having a system of law based on the common law
of England.

50B. The court may inform itself of such laws in such
manner as it may deem proper, and the court may call upon
counsel to aid it in obtaining such information.

50C. The determination of such laws shall be made by the
court and not by the jury, and shall be reviewable. The court
shall grant such instructions to the jury, applying said foreign
law to the facts of the particular case, as would be proper if
such foreign law were domestic law; and in proceedings with-
out a jury, the court shall apply the foreign law to the facts
of the particular case, as would be proper if such foreign law
were domestic law.

50D. Any party may also present to the trial court any
admissible evidence of such laws, but, to enable a party to


 

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Session Laws, 1939
Volume 581, Page 208   View pdf image (33K)
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