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Session Laws, 1945
Volume 589, Page 801   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 801

SEC. 2. And be it further enacted, That this Act shall
take effect June 1, 1945.

Approved April 23, 1945.

CHAPTER 724.
(Senate Bill 551)

AN ACT to repeal and re-enact, with amendments, Article
31A of the Annotated Code of Maryland (1939 Edition),
title "Uniform Declaratory Judgments Act, " providing
that courts of record shall have the power to declare
rights, status, and other legal relations, whether or not
further relief is or could be claimed.

WHEREAS, The Court of Appeals of Maryland, in a series
of recent decisions, has held that a proceeding for a decla-
ratory judgment is not appropriate within the contempla-
tion of the Uniform Declaratory Judgments Act, when
there exists an immediate cause of action between the
parties for which one of the common remedies at law or
in equity is adequate and available, and

WHEREAS, It is the sense of the General Assembly that
the real legislative intent in the passage of the Uniform
Declaratory Judgments Act, was that the existence of
another adequate remedy at law or in equity should not
preclude a judgment for declaratory relief in cases in
which it was appropriate, and

WHEREAS, It is the intent and desire of the General
Assembly by the repeal and re-enactment of the Uniform
Declaratory Judgments Act so to change the wording of
the Act that it clearly and unmistakably expresses the
intention which the General Assembly believes was sought
to be expressed in the passage of the Act.

SECTION 1. Be it enacted by the General Assembly of Maryland,
That Article 31A of the Annotated Code of Maryland (1939
Edition), title "Uniform Declaratory Judgments Act, " be
and it is hereby repealed and re-enacted, with amendments,
to read as follows:

1. (Scope. ) Courts of record within their respective
jurisdictions shall have power to declare rights, status,

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Session Laws, 1945
Volume 589, Page 801   View pdf image (33K)
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