LAWS OF MARYLAND.— 1810.

599

SEC. 5. And be it enacted. That it shall be in the power of
the several orphans courts in this state, whenever a distri-
bution of specific articles is to be made, to appoint two dis-
interested persons, not in any way related to the parties con-
cerned, to make such distribution among the persons entitled,
as to them shall seem meet and proper, or if, in their opinion
upon a view of such specific articles, no distribution among the
persons entitled could be by them made, which should operate
equally, but that a sale thereof would be more advantageous to
the parties concerned, they shall return to the orphans court
their opinion, in writing, and the court shall thereupon order a
sale of such articles, upon reasonable notice, and cause the pro-
ceeds of such sale to be equally distributed among the parties
entitled.

Court to
appoint two
disinterest-
ed persons
to make
distribution
of specific
articles, &c.

SEC. 6. And be it enacted, That in all cases where the validity
of a will is or shall be contested, letters of administration pend-
ing such contest may, at the discretion of the orphans court, be
granted to the person named executor, or to the person to whom
the largest portion of the personal estate may be bequeathed in
such contested will, or to the person who would be entitled to
letters of administration by law as in cases of intestacy ; Pro-
vided always, that upon a decision had on such contested will,
the same proceedings shall be had, and the same rules apply, as
to the completion of the administration, according to the cir-
cumstances of the case, as are prescribed by the fifth chapter of
the act to which this is a supplement.

CHAPTER 63.

Where va-
lidity of a
will is con-
tested,
letters of
administra-
tion may be
granted to
persons
named as
executors.
Proviso.

A further SUPPLEMENT to the ACT,* entitled, an Act relating to Negroes,
and to repeal the acts of Assembly therein mentioned.
See notes to the original act, ante page 334.

*1796,ch.
67.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That any court, or any judge or justice of this state, before
whom any negro or mulatto shall be brought as a runaway,
shall be satisfied, by competent testimony, that the said negro
or mulatto is not a runaway, before it shall be lawful for the
said court, judge or justice, to discharge the said negro or mu-
latto from the custody of the person or persons detaining the
said negro or mulatto as a runaway, otherwise than by a commit-
ment to the gaol of the county of which he is judge or justice.
SEC. 2. And be it enacted, That upon any petition for freedom
now depending, or hereafter to be brought, or upon any writ of
homine replegiando, now depending, or hereafter to be brought,
in any county court of this state, or in the court of oyer and
terminer and gaol delivery for Baltimore county,* provided a
jury has not been empannelled in the case, it shall and may be
lawful for such county court, or court of oyer and terminer and

Court or
judge be-
fore whom
any negro in
brought as.
a runaway,
most be,
satisfied
that said
negro is not
a runaway,
before he
shall dis-
charge him.

In certain
cases re-
cord may
be transmit-
ted to a
different
county than
that in
which peti-
tion was
filed.