710

LAWS OF MARYLAND.— 1819.

as such, give bond, with good and sufficient security, to be ap-
proved by the said commissioners, for the performance of his
trustt and for the transfer and delivery over of the said estate
and effects to the permanent trustee or trustees to be appointed
by virtue of the said act, and if any provisional trustee, so to be
appointed, shall on the appointment of a permanent trustee or
trustees as aforesaid, and on the order of the said commissioners
to deliver over to such permanent trustee or trustees the said
estate and effects, on a day in the said order to be named,
which order the said commissioners are hereby empowered and
directed to make, fail or neglect to comply with such order, it
shall be the duty of the said commissioners, and they are
hereby authorized and required, to report such failure or ne-
glect, with the order by them made as aforesaid on such provi-
sional trustee, to Baltimore county court, or in the recess thereof
to the chief judge of the said court, and the said court, or chief
judge, shall be and hereby is thereupon authorized and required
to proceed by attachment against such provisional trustee, as in
cases of contempt, for compelling him to deliver over the said
estate and effects, in conformity with the order aforesaid, or
with such other and further order as the said court or chief

Proviso.

judge may make in that behalf; Provided always , that nothing
herein contained shall be construed to protect the sureties of
such provisional trustee against a recovery on the said bond, in
case any part of the said estate or effects shall not be delivered
over in pursuance of any order made, or attachment issued by
virtue of this act.

Allowance
of commis-
sioners to
be first paid
out of
effects of
applicant.

SEC. 9. And be it enacted, That the allowance made to the
commissioners by the law to which this is a supplement, toge-
ther with all costs attending the application of any person or
persons petitioning for the benefit of the same, shall be first
paid out of the effects of said applicant, but no person shall be
refused a hearing, or be prevented from receiving the benefit
thereof, in consequence of the insufficiency of his or her effects
to pay the same.
SEC. 10. Relates to cases then pending.

CHAPTER 88.
A further SUPPLEMENT to the ACT, entitled, an Act concerning Crimes
and Punishments.

Penalty for
stealing
tobacco
plants.

Be it enacted, by the General Assembly of Maryland, That
if any free person shall hereafter secretly and feloniously steal,
take and carry away, any tobacco plants, while growing and
belonging to any inhabitant of this state, such person, upon
conviction thereof, shall suffer such punishment, and undergo
such confinement in the penitentiary of this state, as if the said