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Ch. 221
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1866
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LAWS OF MARYLAND
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CHAPTER 221
(Senate Bill 874)
AN ACT concerning
Divorce, Alimony, Annulment —
Court of Equity Powers
FOR the purpose of providing that a court sitting in an
action for divorce, alimony, or annulment shall
exercise ordinary equity jurisdiction have certain
powers; clarifying provisions of the Code; making
certain changes to the language and style of the
Code; and declaring this Act to be an emergency
measure.
BY repealing and reenacting, with amendments,
Article — Courts and Judicial Proceedings
Section 3-603(a)
Annotated Code of Maryland
(1974 Volume and 1976 Supplement)
BY renumbering
Article — Courts and Judicial Proceedings
Section 3-603(b)
to be Section 3—603(c)
Annotated Code of Maryland
(1974 Volume and 1976 Supplement)
BY adding to
Article - Courts and Judicial Proceedings
Section 3—603(b)
Annotated Code of Maryland
(1974 Volume and 1976 Supplement)
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Preamble
WHEREAS, It has been universally believed by the bar
and bench that courts sitting in actions of divorce,
alimony, or annulment have ordinary equity powers.
However, in the case of Kapneck vs. Kapneck, 31 Md.
App. 410 (1976) the Court of Special Appeals, citing
prior decisions of the Court of Appeals, stated, "In
divorce proceedings the court sits, not in the exercise
of its ordinary equity jurisdiction, but as a divorce
court and is governed by the rules and principles
established in the ecclesiastical courts in England so
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