LAWS OF MARYLAND.— 1816.

645

approved by the chancellor or county courts as aforesaid, shall
be given by the person or persons empowered to sell property
as aforesaid, for the due execution of the trust committed, which
bond shall be lodged with the register In chancery, or clerk of
the county court as aforesaid; and any person interested in such
sale shall have a right to a copy of such bond, and a certificate
from the said register, or clerk, under his hand and seal of office ;
upon which copy and certificate an action may be maintained,
in the name of the state, for the use of the party interested and
apprehending himself aggrieved, and judgment may be by such
party recovered upon such action, for the damages by him
actually sustained, and the plea of non est factum shall not be
received to any such action, unless the same is verified by the
affidavit of the defendant or defendants tendering the same.

SEC. 4. And be it enacted, That the chancellor, or the county
courts, as aforesaid, shall have full power and authority to allow
any trustee, who shall make a sale of any real estate by virtue
of this law, such commission from one to seven and an half
per cent, for his trouble in selling thereof, and paying over the
same, as the chancellor or the county courts as aforesaid shall,
under a consideration of all circumstances, think just and right.

Allowance
to trustees.

SEC. 5. And be it enacted, That the proceeds of the sales
made by and in virtue of this law, shall be paid over by the
trustee or trustees to the guardian or guardians of such infant or
infants, to be by such guardian or guardians vested in such
public stock, or other permanent funds, as will at least net six
per centum per annum at the time of the purchase, and as the
orphans court of the county, by whom such guardian or guar-
dians shall have been appointed, shall direct.

Proceeds to
be vested in
public
stock.

SEC. 6. And be it enacted, That the surplus interest, after
what may be necessary for the maintenance and education of
the said infant or infants respectively, as it accrues, shall be
vested by such guardian or guardians, in such stock as afore-
said, and as the orphans court shall and may direct as aforesaid.

Surplus to
be invested.

SEC, 7. And be it enacted, That all moneys vested by and
in virtue of this law, shall be vested in the name of such infant
or infants, and shall be transferable only by virtue of an order
of the orphans court aforesaid, and all transfers without such
order are hereby declared void to all intents and purposes.

To be
vested in
name of
infants.

SEC. 8. And be it enacted, That no part of the principal
arising from the sale of any real estate by virtue of this law,
shall in any wise be applied towards the maintenance or educa-
tion of any infant, unless the chancellor or the county court, as
the case may be, shall consider it necessary for the education or
maintenance of the minors.
SEC. 9. And be it enacted, That in case of the death of any
such infant or infants before their arrival at lawful age, or his,

Principal
not to be
applied to
education
of infants,
unless con-
sidered ne-
cessary.