208. A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check. ARTICLE CHANCERY. Declaratory Decrees. 30. Only declaratory suits may be brought and decrees passed that have legal consequences. Issues to be sent to court of law for trial by jury. Power of equity courts in Baltimore city to summon jury. Fraudulent Conveyances. 46. Fraudulent conveyances may be impeached by creditor without judgment; proviso. Inebriates. 47. Jurisdiction over inebriates. Proceedings. Words "habit ual drunkard," how to be construed. XVI. 47A. Petition to be made for treat- 111. How bill may be filed against ment of habitual drunkard. non-resident or unknown of creditors, or to be sold for any purpose. 213. Transfer of trust funds to new trustee. 188. Sales of real estate on cred- 214. Power of court to order such transfer. itor's bill. Funeral expenses is conveyed for the benefit 225. Oral examination of witnesses. Declaratory Decrees. 30. No declaratory suit can be brought nor decree passed to establish a fact or facts that are without legal consequences, and wherever the court shall be of opinion that there is a question or questions involved in such suit, which a party or parties may be entitled under the constitution, to have submitted to a jury, the court shall, if such party or parties require it, direct an issue or issues to be made up and sent to any court of law convenient for trying the same, and the issues shall be tried in the said court of law as soon as convenient without any continuance longer than may be necessary to procure the attendance of witnesses, and the power of the courts of law and the proceedings thereto relative, shall be as directed by law respecting the trial of issues from chancery, or the orphans' court as to proceedings therein, thereon and thereafter, but nothing herein contained shall be so construed as to prevent the equity courts of Baltimore city from summoning a jury to try such issue or issues pursuant to the provisions of section one hundred and seventyfour (174), of article four (4) of the Code of Public Local Laws, title "Baltimore City," sub-title "Courts." The order granting or denying such issues shall be subject to appeal. Pennington v. Pennington, 70 Md. 430. Wahl v. Brewer, 80 Md. 243. Fraudulent Conveyances. 46. In no case of a proceeding in equity to vacate any conveyance or contract, or other act, as fraudulent against creditors, shall it be necessary for any creditor or plaintiff in the cause to have obtained a judgment at law on his demand, in order to the relief sought in the case, either in his own behalf or in the behalf of any other creditors who shall claim to participate in the benefit of the decree in the case; but when the debt of such plaintiff shall not be admitted by the pleadings in the case on the part of the defendant interested in contesting the same, the court shall, on application of any of the parties, send to any court of law an issue for determining the fact of such indebtedness, subject to the rules usually applied to issues out of chancery; providing, this act shall not apply to any case pending in court in this State. Morton v. Grafflin, 68 Md. 562. Inebriates. 1894, ch. 474. 47. 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 discretion, 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 of good and lawful men, to be summoned by the said sheriff, to be empaneled forthwith, 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 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; and any person who may be alleged to be an habitual drunkard may dispense with the legal proceedings to establish the same, and may, with the approbation of the court wherein said petition may be filed, appoint his own committee, and may voluntarily enter any institution selected by the court, for a limited time; and the board of trustees or managers of such institution may retain such person the length of time he may have agreed therein to remain; and if the person against whom the petition may be filed shall be found by the jury to be an habitual drunkard, incapable of taking care of himself, it shall be the duty of the court to appoint a committee of such person, and such committee shall, with the written assent and approbation of the court, have the power of confining such person in any suitable institution, for such length of time, as the court may, in writing, approve; but said committee, with the written assent and approbation of the court, may at any time release from confinement said habitual drunkard, and the period of confinement of said habitual drunkard may, by the said committee, with the written assent and approbation of the court, be from time to time extended, for such period as may be necessary for his complete reformation; and the words "habitual drunkard," as used in this section, shall be construed to embrace any person who may be habitually addicted to the use of alcohol, opium, cocaine, morphine or any other drug or intoxicant. 1894, ch. 247. 47A. Any inhabitant of this State, who is of kin to or a friend of an habitual drunkard, as hereinafter defined, may petition the circuit court of the county of the residence of such drunkard, or the circuit court of Baltimore city, if said habitual drunkard resides therein, for leave to send such drunkard, at the expense of said county or city of Baltimore, to such institution for the medical treatment of drunkenness, as the said court may designate; which petition shall set forth the name, age and condition of such habitual drunkard, and that such drunkard or those of his kin petitioning, are not financially able to incur the expense of his cure, and shall set forth that said drunkard is willing and will agree to attend such institution for the cure of drunkenness ; which petition shall be verified by the person making such request, and shall contain in addition thereto, the written agreement of such habitual drunkard to take such treatment and obey the rules of the institution administering the same, and the names of three taxpayers in the county of his residence, or of Baltimore city, if he resides therein, stating that they are familiar with the facts set forth in the petition, and that they are familiar with the financial circumstances of such drunkard and of the petitioning kin, and think it a proper case for assistance from the county wherein the said habitual drunkard resides, or Baltimore city, if he resides therein. M. & C. C. of Balto. v. Keeley Institute, 81 Md. 113. 1894, ch. 247. 47B. When such petition is filed, any judge of the circuit court referred to in section 47 A, if satisfied from examination that the facts set forth in the petition are true, and that the said drunkard has been a resident of the county or of Baltimore city for six months next preceding the application, and that such drunkard of his own free will desires to take such treatment, shall send such habitual drunkard to some institution for the cure of drunkenness; provided, said institution is located in the State of Maryland, and that the managers of such institution will agree to treat such patient for a sum not to exceed one hundred dollars; but such court shall not be compelled to send such habitual drunkard to any institution making a lower bid than the sum herein specified, unless in their judgment the best interest of such drunkard shall be promoted thereby; and the said judge of the circuit court shall thereupon make an order that the expense of such treatment be paid out of the treasury of the county or the city of Baltimore, as the case may be, in the same manner that other claims against such county or city of Baltimore for the administration of justice are paid; provided, that no county or the city of Baltimore shall be required to send the same habitual drunkard to any institution for the medical treatment of drunkenness a second time at its expense. Ibid. 47 c. The provisions of the two preceding sections shall not be at any time construed as in any way abrogating, limiting or abolishing the powers of judges of the circuit courts under section 47. Ibid. 47 D. The officers of whatever institutions may be designated for the treatment of the habitual drunkards, payment for whose cure is provided by section 47B, shall become sworn officers of the court committing said habitual drunkards to their care, and shall |