J. MILLARD TAWES, Governor 109
infant children, and their support, and the support and maintenance
of the defendant. [All court costs, including the compensation to
the defendant's attorney, which amount shall be fixed by the court,
shall be paid as the court shall direct. ]
40. Any married man who shall think that the pledging of his
credit by his wife for necessaries is being abused, may apply by
petition to any court of equity in the City of Baltimore, or in the
county in which he resides [, setting forth the facts upon which
he relies, and praying that an order may be passed prohibiting
his wife from pledging his credit]. [And thereupon a summons
shall be issued for his wife, requiring her to answer the petition
within such time as the court may fix; and if, upon the service of
said summons and the expiration of said time and proof taken, ] //
the court shall be satisfied that the petitioner is supplying his wife
with all necessaries to which she is entitled, or with funds reasonably
sufficient to purchase them, having regard to her station and the
means of the petitioner, and that the pledging of the petitioner's
credit is being abused by his wife, the said court shall pass an
appropriate order [as prayed in said petition, ] and notice of the
passage of said order given by the petitioner in writing to any
tradesman or other person shall be sufficient to prevent such trades-
man or other person from recovering from the petitioner for any
work thereafter done for, or goods, wares or merchandise thereafter
furnished to the petitioner's wife or on her order.
42. In any application provided for in Section 40, the wife shall
be entitled to have counsel for the protection of her interests and
rights, whose service shall be paid for by the petitioner to an amount
to be fixed by the said court; and the wife shall have the right at
any time to apply to the said court for a rescission of the said order
in case the petitioner shall discontinue supplying her with reasonable
necessaries or funds reasonably sufficient to purchase the same as
aforesaid [, and the petition, answer and all other papers filed,
and all hearings and proceeding under this Section and under Sec-
tion 40 shall be private so far as may be lawful].
43. Whenever, by petition, under oath, any person shall be alleged
to be an habitual drunkard, incapable of taking care of himself or
his property, any circuit court of this State and also either of the
circuit courts of Baltimore City shall have the power in its discre-
tion, on such preliminary examinations or inquiry, as it may think
proper to make ex parte, to issue a warrant to the sheriff of the
county or city, respectively, to arrest and bring the party so charged
before such court; and it shall be the duty of the sheriff to obey
such warrant; and such court shall cause a jury to be empanelled
forthwith, as specified in Section 134 of this article, and shall charge
said jury, under oath, to inquire, in the presence of such person,
whether he is an habitual drunkard, incapable of taking care of
himself; and the proceedings in such case shall be in accordance with
the Maryland Rules; [like those now authorized by law in cases
of persons alleged to be lunatics or insane; and the rules of law and
proceedings now applicable to the property of lunatics shall apply
to cases of persons declared to be habitual drunkards under the
provisions of this Section, except when herein otherwise directed; ]
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