LAWS OF MARYLAND.— 1831.

1061

there be no remaining guardian, it shall be the duty of such
court to appoint a new guardian, and in all cases hereafter if the
party whose guardianship is revoked, shall not within a reason-

Case of re-
voking
guardian-
ship.

able time, to be fixed by such court, deliver over to the remain-
ing guardian, if there be one, if not, then to the new guardian,
all the property of the ward remaining in the hands of the party
whose guardianship is revoked as aforesaid, and also all the
books, bonds, notes and evidences of debt or funds, and also all
title to property or stock which belong to, or are due, or which
become due to the ward in the possession of the guardian,
whose guardianship may have been revoked as aforesaid, and
also pay over to the remaining guardian, if there be one, if not,
then to the new guardian, all the money due to him as guardian

Former
guardian to
deliver over

of the ward, the said court may compel the delivery and pay-
ment over as aforesaid, by attachment and sequestration, of the
property of the party whose guardianship may be revoked, and
may direct to be put in suit the bond of the guardian, whose
guardianship shall have been revoked as aforesaid.

On failure.

Sequestra-
tion and
suit.

SEC. 9. And be it enacted, That any allowance which may
have been heretofore made, or which may hereafter be made by
any orphans court in this slate to a guardian for the clothing,
support, maintenance, education, or for other expenses incurred
by the guardian, for his ward, or his estate, and which shall
have accrued subsequent to the death of the father of such
ward, and before the guardian may have been appointed or
given bond, such allowance shall have the same effect and ope-
ration in law, to all intents and purposes, as if such expense of
the ward, or his estate, had accrued, and become due subse-
quent to the time of the appointment of such guardian, or of
his giving bond.

Allowance
to guardian
for ex-
penses of
ward.

SEC. 10. And be it enacted, That in all cases where an exe-
cutor may be authorized and directed to sell the real estate of a
testator or testatrix, such executor may sell and convey the
same, and shall account therefor to the orphans court of the
county, where he or she obtained letters, in the same manner,
that an executor is now bound to account for the sales of per-
sonal estate, ordered by the orphans court, and the said court

Executor
empowered
when di-
rected to
sell real
estate.
Account
therefor.

may allow such executor a commission on the proceeds or sales
of such real estate, not exceeding five per cent, where the
amount of sales of real estate exceed three thousand dollars, in

Commission

the same manner as if it were personal estate, but such sales
shall not be valid or effectual, unless ratified and confirmed by
the said orphans court, after notice by publication given in
manner as is practised in cases of sales of lands under decrees
in chancery.

Subject to
ratification
and confir-
mation.

Notice
required.

SEC. 11. And be it enacted, That the bond of an executor
or executrix or guardian, which may be hereafter executed,

Bonds of
executor
and guar-