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MARVIN MANDEL, Governor 1867
far as they are consistent with the provisions of the
Maryland Code." In reaching this decision, the Court
prohibited the issuance of an injunction in a situation
where most courts had previously acted. The general
effect of this decision is that the courts are now
without the authority to apply rules and principles and
provide remedies generally thought to be in their power
to exercise.
Prior to the Kapneck decision, the Legislature
believed that divorce courts had the powers of equity
courts and therefore did not enact many proposals which
would have conferred on divorce courts specific equity
powers.
Since the power of the courts over divorce suits is
derived entirely from the statutes' (Kapneck at 415), the
General Assembly is indicating, by the passage of this
Act, its intent to confer upon the courts in actions of
divorce, alimony, or annulment not only those powers
inherent to ecclesiastical courts of England, but also
the powers of general and ordinary equitable
jurisdiction; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 3—603(a) of Article - Courts and
Judicial Proceedings, of the Annotated Code of Maryland
(1974 Volume and 1976 Supplement) be and it is hereby
repealed and reenacted, with amendments; and that Section
3-603(b) of this Article and Code be and it is hereby
renumbered to be Section 3—603(c); and that new Section
3-603(b) be and it is hereby added to this Article and
Code; and all to read as follows:
Article - Courts and Judicial Proceedings
3-603.
(a) A court of equity has jurisdiction in an
action for divorce, alimony, or annulment of marriage.
[The court shall hear and determine a case of alimony
in as full and ample manner as such case could be heard
and determined by the Ecclesiastical Courts of
England.]
(B) IN ADDITION TO THE POWERS OF THE
ECCLESIASTICAL COURTS OF ENGLAND A COURT OF
SITTING IN AN ACTION FOR DIVORCE, ALIMONY, OR ANNULMENT,
IN ADDITION TO EXERCISING ALL THE POWERS OF A COURT OF
EQUITY, MAY ISSUE AN INJUNCTION TO PROTECT ANY PARTY TO
THE ACTION FROM PHYSICAL HARM OR HARASSMENT OF ANY KIND.
WHEN NECESSARY TO ACCOMPLISH THIS PURPOSE, A TEMPORARY AN
INJUNCTION MAY BE ISSUED TO EXCLUDE A PARTY TO THE ACTION
FROM THE FAMILY HOME OR FROM THE HOME OF THE OTHER PARTY.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act
is hereby declared to be an emergency measure and
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