A BILL

ENTITLED

An Act to propose an Amendment to Article IV, Part II of the Constitution of this State, by adding a new section to follow Section 14 of said Article, and to be known as Section 14-A, providing for an additional judge of the Court of Appeals from the City of Baltimore, and to provide for submitting the same to the qualified voters of this State for adoption or rejection.

Section I. Be it enacted by the General Assembly of Maryland, three-fifths of all the members elected to each House concurring, that the following new section be and the same is hereby proposed as an amendment to Article IV, part II, of the Constitution of this State to follow Section 14 of said article, and to be known as Section 14-A, to wit:

Section 14-A. An additional judge of the Court of Appeals shall be elected by the qualified voters of Baltimore City at the General Election to be held in November in the year 1916. After the election of such additional judge the Court of Appeals shall consist of nine judges instead of eight judges, as heretofore; and five of said judges shall constitute a quorum, and no cause shall be decided without the concurrence of at least four. The additional judge to be elected under the provisions of this section shall, in addition to his duties as judge of the Court of Appeals, perform such other duties as the General Assembly shall prescribe. In respect to length of term of office, the time and manner of choosing a successor, the manner of filling vacancies, and in all other respects, the office of additional judge provided for by this Section and the incumbent thereof shall be subject to all the provisions of this Constitution applicable to other judges.

Sec. 2. The foregoing amendment to the Constitution of this State shall be submitted to the qualified voters of the State at the General Elecion to be held in November, 1914; and the method of its submission shall be such as now prescribed by law.

The Committee recommends the approval of the aforegoing legislation by the Association and that a proper Committee be appointed by the President to endeavor to secure its passage by the Legislature of Maryland at the January Session, 1914.

II.

Likewise at the last annual sesson (Proceedings 1912, page 44) a proposed bill to regulate the method of taking testimony in open court in equity cases was recommitted to the Committee on Laws.

As covering the same subject matter your Committee reports with its unanimous approval, the following:

A BILL

ENTITLED

An Act to repeal and re-enact with Amendments Sections 261 of Article 16, title "Chancery" of the Code of Public General Laws of Maryland, (Bagby) and to add an additional section to said article to follow Section 261 of said article, and to be known as Section 261-A.

Section I. Be it enacted by the General Assembly of Maryland, that Section 261 of Article 16, title "Chancery" of the Code of Public General Laws of Maryland as codified in Bagby's Annotated Civil Code be and the same is hereby repealed and re-enacted with amendments so as to read as follows:

Section 261. The Court shall on application of a party in interest or of its own motion, order, that instead of the mode of taking testimony provided in the aforegoing sections, the testimony shall be taken orally in open Court before the Judge or Judges thereof in the same manner and under the same rules as testimony is now taken in actions at law, as to all or any of the facts or matters relevant in the cause or proceeding; and the evidence so taken shall be written down as delivered by the witnesses by such person and in such manner as the Court may have by order or general rule directed, and when so written down shall, with such documentary proof as shall have been with it offered and admitted, be filed as part of the proceedings.

Section 2. Be it enacted by the General Assembly of Maryland, that the following new section be and the same is hereby added to Article 16, entitled "Chancery" of the Code of Public General Laws of Maryland to follow Section 261, of said Article, in Bagby's Annotated Civil Code, and to be known as Section 261-A, and to read as follows:

Section 261-A. Testimony produced under the aforegoing section shall be taken in the same manner and under the same rules as testimony is taken in actions at law in courts of general jurisdiction in this State, and no testimony to which objection has been made and sustained by the Court shall be taken down or inserted in the record, but the party offering such testimony may accompany the offer of the same with a statement of the facts proposed to be shown in connection therewith, and such statement shall be considered by the Court in connection with the question objected to, and the Court of Appeals, upon appeal from any final order in the case, shall consider and determine, upon the record, all objections to testimony taken and reserved during the progress of the cause, and no bills of exception shall be required.

Section 3. And be it enacted that this Act shall take effect from the date of its passage.

III.

By the Act of the Legislature, Session 1910, Chapter 37, a proviso was added to Section 313 of Article 93 of the Code of Public General Laws of 1888. The original statute provided that no devise or bequest should lapse by reason of the death of the devisee or legatee in the lifetime of the testator.

Act of 1910 added the following proviso:

"Provided however, that this Act shall not apply to the last will, testament or codicil of any person dying after the passage of this Act, where the maker of said last will, testament or codicil, after the execution thereof and before the death of such devisee or legatee, shall become insane or otherwise incompetent to cancel, revoke, annul, obliterate or alter said last will, testament or codicil."

Your Committee reports with its recommendation a bill which would restore the law to the condition in which it had been for many years and therefore approves the following:

A BILL

ENTITLED

An Act to repeal and re-enact, as amended, Chapter 37 of the Laws of Maryland of 1910 relating to the lapsing of devises or legacies where the devisee or legatee has died during the lifetime of the testator.

Section I. Be it enacted by the General Assembly of Maryland, that Chapter thirty-seven (37) of the Laws of

Maryland of nineteen hundred and ten (1910) relating to lapsing of devises or legacies, be and the same is hereby repealed and re-enacted as amended to restore Section three hundred and thirteen (313) of Article ninety-three (93) of the Code of Public General Laws of eighteen hundred and eighty-eight (1888) as follows:

Section 313. No devise, legacy or bequest shall lapse or fail of taking effect by reason of the death of any devisee or legatee (actually and specially named as devisee or legatee, or who is or shall be mentioned, described or in any manner referred to, or designated or identified as devisee or legatee in any will, testament or codicil) in the lifetime of the testator, but every such devise, legacy or bequest shall have the same effect and operation in law to transfer the right, estate and interest in the property mentioned in such devise or bequest as if such devisee or legatee had survived the testator.

Respectfully submtited,

THOS. FOLEY HISKY.
Chairman.

Thomas Foley Hisky: Is it the desire of the Association to consider the report of the committee further at this time? I presume that will come up later.

The President: Its consideration will come up to

morrow.

The President: The next business in order is the report of the Committee on Legal Education.

Judge James A. Pearce then read the report of the Committee on Legal Education, as follows: