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Session Laws, 1973, Special Session
Volume 710, Page 396   View pdf image
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396                                             LAWS OF MARYLAND                                [Ch. 2

The Court shall have full power to conduct
judicial probate, to direct the conduct of personal
representatives, and to pass [such] THE orders as in
its discretion may be required in the course of the
administration of a decedent's estate, including the
power to summon witnesses AND TO ADOPT ROLES OF
PRACTICE AND PROCEDURE NOT INCONSISTENT WITH ANY
GENERAL RULES ADOPTED BY THE COURT OF APPEALS OR WITH
ANY STATUTE. An interested person may at any time
petition the court to resolve questions concerning the
estate or its administration. The Court shall not,
under pretext of incidental power or constructive
authority, exercise any jurisdiction not expressly
conferred.

REVISOR'S NOTE: The amendment adds the rule—making
power now contained in Art. 26, §27, which is
proposed for repeal. Rule—making provisions
with respect to other courts are found in
§1—201 of the Courts and Judicial Proceedings
Article set forth in §1 of this bill.

(A) The Maryland Rules for the summoning of a

witness, and for depositions and discovery, shall

apply to all actions and proceedings of the court in

the same manner and with like effect as they apply to

the law and equity courts of this State.

(B) A WITNESS ATTENDING THE COURT IS ENTITLED TO

THE SAME COMPENSATION AS A WITNESS ATTENDING THE

CIRCUIT COURT IN THE SAME COUNTY.

REVISOR'S NOTE: This amendment picks up and
inserts the provisions relating to
compensation of a witness in Orphans' Courts
which presently appear in Art. 35, §18.

SECTION 5. AND BE IT FURTHER ENACTED, THAT A NEW
§155A BE AND IT IS HEREBY ADDED TO ART. 25, ANNOTATED
CODE OF MARYLAND (1973 REPL. VOL.), TITLE "COUNTY
COMMISSIONERS", SUBTITLE "PUBLIC ROADS", TO READ AS
FOLLOWS:

155A.

(A) ANY PARTY, OR ANY TAXPAYER NOT A PARTY TO THE
PROCEEDINGS, MAY APPEAL TO THE CIRCUIT COURT FOR THE
COUNTY FROM ANY DECISION OR ORDER OF THE COUNTY
COMMISSIONERS. AN APPEAL SHALL BE DOCKETED IN THE

2-104.

 

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Session Laws, 1973, Special Session
Volume 710, Page 396   View pdf image
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