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Session Laws, 1939
Volume 581, Page 656   View pdf image (33K)
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656 LAWS OF MARYLAND. [CH. 294
CHAPTER 294.
(Senate Bill 117)

AN ACT concerning the power of courts of record to
declare rights, status, and other legal relations, whether
or not further relief is or could be claimed, and to make
uniform the law with reference thereto, and to add an
additional Article to the Code of Public General Laws
to follow Article 31 of Bagby's Annotated Code and to
to be known as Article 31A, title "Uniform Declaratory
Judgments Act. "

Be it enacted by the General Assembly of Maryland,
That an additional article be added to the Code of Public
General Laws to follow Article 31 of Bagby's Annotated
Code and to be known as Article 31A and to read as
follows:

SECTION 1. (Scope). Courts of record within their
respective jurisdictions shall have power to declare rights,
status, and other legal relations whether or not further
relief is or could be claimed. No action or proceeding
shall be open to objection on the ground that a declaratory
judgment or decree is prayed for; nor shall the existence
of another adequate remedy preclude a judgment for
declaratory relief in cases where it is appropriate. The
declaration may be either affirmative or negative in form
and effect; and such declarations shall have the force and
effect of a final judgment or decree.

SEC. 2. (Power to Construe, etc. ). Any person in-
terested under a deed, will, written contract or other
writings constituting a contract, or whose rights, status
or other legal relations are affected by a statute, municipal
ordinance, contract or franchise, may have determined
any question of construction or validity, arising under the
instrument, statute, ordinance, contract, or franchise and
obtain a declaration of rights, status or other legal rela-
tions thereunder.

SEC. 3. (Before Breach). A contract may be con-
strued either before or after there has been a breach
thereof.

SEC. 4. (Executor, etc. ). Any person interested as
or through an executor, administrator, trustee, guardian
or other fiduciary, creditor, devisee, legatee, heir, next


 

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Session Laws, 1939
Volume 581, Page 656   View pdf image (33K)
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