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therefore prayed, that the bank might be ordered to produce either the original books, writings, and papers, or copies of such parts of them, certified by a justice of the peace, as contain evidence pertinent to the issue or relative to the matters in dispute between the parties.

11th October, 1830.-BLAND, Chancellor.-It is required and Decreed, that the President, Directors and Company of the Farmers' Bank of Maryland, on or before the first day of the next term of Anne Arundel County Court, produce, on oath, by the cashier of the said institution, either the original books, writings, or papers, or copies thereof, certified by a justice of the peace, as prayed; provided, that a copy of this order, together with a copy of the said petition, be served on the president or cashier of the said institution on or before the 15th instant; and provided also, that any cause shewn against the execution of this decree may be heard on the 21st instant.

The bank, by its answer, filed on the 12th of October, 1830, shewed cause and insisted, that, before it could be required to produce their books and papers as ordered, the petitioner should specify the particular extract, or writings, or paper which he supposes would be pertinent to the issue in the said cases, without which it would be impossible for it to comply with the order; and it alleged, that it was not aware of any paper being in its possession. which would be of service to the petitioner in defending the said suits; or indeed of the defence which he intended to make.

23d October, 1830.-BLAND, Chancellor.-This case standing ready for hearing, and having been submitted by the plaintiff on the petition and answer alone, the proceedings were read and considered.

This is a proceeding under the special provisions of the act of assembly, which authorizes this court to require the production of books and papers relative to the matter in issue on a bill instituted in this court, or on the trial of any action at law. (a) In all such cases it should appear, that the applicant has an interest in the document for that special purpose; (b) and the petition should, with Some reasonable degree of certainty, designate the books and apers wanted, if practicable, by their marks, number and names; and also should specify the facts expected to be proved by them at

(a) 1798, ch. 84; McMechen v. McLaughlin, 4 H. & McH. 166.—(b) Wigram on Discovery, 199; Calvert on Parties, 10.

the trial in the court of common law. This is a proceeding which can only be regarded as one of the modes whereby a party may obtain testimony to sustain his case; and therefore, as on all similar applications, the granting of which may be attended with delay, where the propriety of granting it does not sufficiently appear from the nature of the case; or the documentary evidence, called for, is not described in the proceedings of the suit in which the application is made, the petition should be at least as specially descriptive of the evidence and proof of facts, expected to be obtained from the books and papers required, as in an affidavit, stating the nature and materiality of the proof expected to be obtained from an absent witness, without whose testimony, a party alleges, that he cannot safely go to trial, and, therefore moves for a continuance of his case in a court of common law. The cases are so strikingly analogous, that the rules and principles, with few exceptions, applicable to one class of cases, may be well applied to the other. (c) In this instance, the petition is entirely too indefinite and general.

Whereupon, it is Decreed, that, the cause shewn being deemed sufficient, the decree of the 11th instant be rescinded; and the petition be dismissed with costs to be taxed by the register.

(c) 1 Vern. 334; Jessup v. Duport, Barnar. 192; Steward v. The East India Company, 9 Mod. 387; Smith v. Northumberland, 1 Cox, 363; Burton v. Neville, 2 Cox, 242; Oldham v. Carleton, 4 Bro. C. C. 88; Rougemont v. The Royal Exchange, &c. 7 Ves. 304; The Princess of Wales v. Liverpool, 1 Swan. 119; Jones v. Lewis, 1 Cond. Cha. Rep. 438; Mendizabel v. Machado, 1 Cond. Cha. Rep. 553.

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A decree to account with special direc-
tions.-Cox v. Callahan, 51; Ham-
mond v. Hammond, 309.

A commission to state accounts, ordered
with special directions.-Sloss v. Mcll-
vane, 73.

Decree that tenants in common of a ferry,
account for its profits.-Norwood v.
Norwood, 477.

ACTS OF ASSEMBLY.
No evidence can be admitted to explain
the meaning of an act of the legisla-
ture.-Binney's case, 150, 152.
Private acts regarded as contracts bind-
ing on the parties who apply for them,

151.

As to private acts, some evidence may,
under some circumstances, be admit-
ted as to their construction, 151, and
note.

The meaning of an act of assembly may
be illustrated by reference to the sub-
ject spoken of, 154.

A private act, giving the Chancellor au-
thority to act, executed on an ex parte
petition.-Campbell's case, 215.
Private acts, the mode of obtaining them,
their nature, and the cases to which
they may be applied, 226, 234, 237.
A private act considered as a conveyance
binding only on the parties to it; and
may be set aside on the ground of fraud,
229, 233.

No fact can be assumed by the legislature
to the prejudice of the rights of an
individual, 229.-Waring v. Waring,
676.

An act of assembly may be declared void,
on the ground of its absurdity, apart
from any constitutional objection.-
Campbell's case, 231.

A marriage originally valid between then
living parties, although a contract, can
only be annulled by the general assem-
bly, 235.

An act giving authority to mortgage the
real estate of a deceased person for
the payment of his debts, may bind his
heirs or devisees who applied for it,
but cannot affect the rights of his cre-
The acts in relation to proceedings against
ditors, 237.
non-resident, absconding, or contuma-
cious defendants, considered.-Buck-
ingham v. Peddicord, 447.

ALIMONY.

The nature of alimony, and the cases
in which it will be allowed.-Helms
v. Franciscus, 565; Macnamara's case,
566; Lynthicumb's case, 568; Scott's
case, 568; Govane's case, 570.

ANSWER.

The exceptions to an answer heard and
sustained by the Chancellor, and the
defendant ordered to put in a better
answer.-Parker v. Mackall, 63.
A writing which purports to be the
answer of several, but is not sworn to
by all of them, may be taken off the
file; or considered as the answer of
him only, who has sworn to it.-Bin-
ney's case, 109.

A defendant may sufficiently answer by
adopting the answer of his co-defen-
dant, 110.

Upon an answer of an infant or lunatic,
in a creditor's suit; admitting or not
denying the facts stated in the bill, a
decree for a sale may be at once ob-
tained.-Campbell's case, 225; Ham-
mond v. Hammond, 352; Chamberlain
v. Brown, 221; Boucher v. Bradford,
222.

An answer to the same facts over-rules

the plea.-The Bank v. Dugan, 257.
If the plaintiff sets the case for hearing
on bill and answer, or moves thereon
for an order to bring money into court,
he admits all the facts set forth in the
answer.-Contee v. Dawson, 267.
The answer of a non-resident defendant
is a judicial record of this state, and
must be authenticated as such, accord-
ingly, 282.

An answer may, by consent, be received
without oath, and will be allowed to
have full effect, as regards co-defen-
dants, 285.

An answer on affirmation, before the re-
volution.-Gardner v. Dick, 277.
An insufficient answer is as no answer;
and therefore, upon such default, the
bill may be taken pro confesso, and a
final decree passed.-Buckingham v.
Peddicord, 447.

A plaintiff not allowed to file new excep-

tions, but must have the new answer
put to the test of those first filed, 459.
A defendant permitted by a supplemen-
tal answer, to explain equivocal ex-
pressions, leaving the first answer to
stand.-Murdock's case, 463.

APPEAL.

A decree of the Court of Appeals sent to
the Court of Chancery to be executed,
cannot be there revised or modified
in any way whatever.-Crapster v.
Griffith, 23.

Where there is a reasonable doubt, in a
caveat case, patents are allowed, so as
in effect, to give the benefit of an ap-
peal.-The Rail Road v. Hoye, 263.
Where the Court of Appeals remand the
case, or leaves any thing to be done
by the Chancellor, the case should be
brought before the Chancellor by peti-
tion, with a copy of the decree of the
Court of Appeals.-Coutee v. Dawson,
305; Tyson v. Hollingsworth, 330.
An appeal bond, on the decree being
affirmed, becomes thereby an addi-
tional security for the debt.-Andrews
v. Scotton, 669.

ARBITRATION.

No direction in a will, nor any agreement
to refer to arbitration, can oust the
courts of their jurisdiction.-Contee
v. Dawson, 275.

Upon an award, returned under an order
referring the case to arbitration, there
may be a decree, 276.

Arbitration or compromise, recommended
by the Chancellor.-Norwood v. Nor-
wood, 478, 484.

This court never compels the performance
of an award, unless made on a sub-
mission in court, 479.

ATTACHMENT.

A party may be arrested any where, and
brought before the court under an at-
tachment.-Crapster v. Griffith, 15.
When an attachment is in the nature of
mesne process, the sheriff may take
bail for the party's appearance; and
on a return cepi, he may be ordered to
bring in the body; or he may sue on
the bail bond.-Binney's case, 101;
Deakin's case, 408.

It is in most cases, better to decide on
the motion to dissolve the injunction
before an attachment for a breach of it,
is disposed of, 102.

A person may be ordered to remove an
erection, which he has made in breach
of an injunction, as a part of the pun-
ishment under an attachment, 102.
The mode of obtaining and proceeding
upon an attachment for a breach of an
injunction. Murdock's case, 486.
Pragmatic trespassers, pending an in-
junction, may be made to remove
erections made by them on the pro-
perty in controversy, 487.

A party taken under an attachment to
enforce the payment of money, may
be discharged by producing a release
under the insolvent law.-Andrews v.
Scotton, 663.

AUDITOR.

The auditor may be ordered to proceed
to state the account immediately, un-
less prevented by particular circum-
stances.-Crapster v. Griffith, 8.
A case may, on good cause shewn by
affidavit, be remanded to the auditor,
with leave to take further proof, 21.
Where the case set forth in the bill, is
such as to entitle the plaintiff to relief,
the court may have further inquiries
made by the auditor, so as to adapt the
relief to the peculiar nature of the case.
Townshend v. Duncan, 45; Tilly v.
Tilly, 444; Addison v. Bowie, 611;
Norwood v. Norwood, 477, 482.
The office, power, and duty of a master
in Chancery, in England, and of the
auditor of this court.-Townshend v.
Duncan, 45.

Auditor's fees under the provincial go-
vernment, 61, note.

Report under a decretal order to account.
Parker v. Mackall, 65.

An exceptant ordered to pay a fine, for
the delay, on over-ruling his exceptions
to the auditor's report.-Woodward v.
Chapman, 71.

A commission to account with special
directions.-Sloss v. Mcllvane, 73.
An order directing certain persons to
state an account.-Cheseldine v. Gor-
don, $1.

A trustee having the profits of the estate
in his hands, ordered to pay the audi-
tor's fees. Winder v. Diffenderffer,

176.

A witness or party, ordered to account,
may be summoned, and compelled to
give evidence before the auditor.-
Hammond v. Hammond, 310.
Books and papers ordered to be produced
to, and lodged with the auditor.-Nor-
wood v. Norwood, 477.

In a creditor's suit, the auditor's report
may be at once confirmed, as to all

claims not objected to.-Watkins v. An appeal bond, on the decree being
Worthington, 515.
affirmed, becomes thereby an additional
security for the debt.--Andrews v.
Scotton, 669.

BANKS.

That clause in the charter of the Far-
mers' Bank of Maryland, which de-
clares, that debts due by a stockholder
must be paid before a transfer, gives
to the bank a mortgage or pledge.-
The Farmers' Bank of Maryland's
case, 394.

The mortgagee of bank stock, may sell
without suit, 397.

A decree that such stock be sold, and
that it be transferred by the trustee to
the purchaser, 398.

BASTARDS.

Although as to their property, bastards
have no relations who can take by de-
scent or distribution; yet, for moral
purposes, their consanguine relations
are regarded.-Helms v. Franciscus,
582.

Bastards may inherit, or take as heirs or
next of kin from their mother, 582.
A man cannot be bastardized after the
death of his parents, so as to deprive
him of his then legitimate capacity.—
Campbell's case, 236.

BILL.

A plaintiff must state in his bill, such
facts as are necessary to entitle him to
relief; and also shew why he may ask
that relief of a court of equity.-Town-
shend v. Duncan, 45.

Where an infant takes as devisee, it is
not necessary to alledge in the bill that
he received the rents and profits, in
order to charge him; because it is the
duty of his guardian to take care of his
estate, 45.

Several infants may join in the same bill
for an account of the rents and profits
of their estate.- Woodward v. Chap-
man, 68.

The bill assumes two propositions; first,
that the subject is within the jurisdic-
tion of the court; and second, that all
parties entitled to relief, or against
whom it may be granted, are before
the court; a defect in these particulars
may be shewn at any time.-Binney's
case, 104.

BOND.

Bonds taken by a trustee under a decree,
may be ordered to be assigned to those
who are entitled to so much of the pro-
ceeds.-Ex parte Boone, 321; McMul-
lin v. Burris, 357.

A bond taken by a creditor of an heir,
will not operate as a relinquishment of
such creditor's preference, as against
the estate descended.-Hindman v.
Clayton, 342.

CANAL.

Water gushing from the sides of a canal,
because of its improper structure, no
evidence of its surplus water.-Bin-
ney's case, 138.

Canal stock considered as real estate,
and although declared to be person-
alty, must be governed by the law of
the state, like the land on which it is
founded, 146.

The termination of a canal, to be ascer-
tained by reference to its nature and
object, 155.

Canal navigation, as distinguished from
improved river navigation, 158.
The different kinds of canals in reference
to their objects, 159.

Canals intended to contribute to the ma-
rine commerce of the nation, must ter-
minate in a port, 162, 165.

CAPACITY.

Where the legal capacities of parties as
charged, are different, such capacities
must be considered as if they were dif
ferent persons.-Binney's case, 108;
Tilly v. Tilly, 445.

The several kinds of personal incapacity
to contract.-Corrie's case, 490.

CAVEAT.

In caveat cases, there being no appeal,
it is usual, where there is a reasonable
doubt, to let the patent go, so as thereby
in effect, to give the benefit of an ap
peal.-The Rail Road v. Hoye, 263.

COMMISSIONS.

The commissions allowed to a trustee,
not to be lessened on account of that
for which he had been charged with
compound interest.-Winder v. Diffen-
derffer, 207.

As the commissions allowed to an execu-
tor or administrator, are intended to
cover expenses, he cannot be allowed
full commissions, and a fee to lawyers
also.-Tyson v. Hollingsworth, 332.
A proportion of interest given on the
commissions allowed to the trustee who
made the sale, 333; Brown v. Wallace,
590, 591.
Commissions allowed by the Orphans
Court, in cases properly before it, can-
not be reversed by this court.-Jones
v. Stockett, 416.
Commissions adjusted and allowed, as
between a former and a present trus-
tee. Andrews v. Scotton, 672.

CONSTITUTION.

The sovereignty being in the people, our

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