74 LAWS OF MARYLAND.—1729.
|
CHAPTER 24.
AN Additional and Supplementary ACT to the several acts for the adminis-
tration of justice in testamentary affairs.
SEC. 1,2, 3,4, 5, 6, 8, 10, 11, 12, 13, 14, 23. Are repealed by 1798,
ch. 66., or consolidated in 1798, ch. 101. |
Persons
trespassing
to pay, &c. |
SEC. 7. And, whereas several persons, not being guardians,
have got into the possession of lands belonging to orphans, and
demised or occupied the same, and received the profits thereof,
Be it enacted. That it shall not be lawful for any person what-
soever, not being a guardian, or not having license from a
guardian, to enter into, possess or occupy, any lands or tene-
ments belonging to any orphan or orphans, without first apply-
ing to the county court, and obtaining leave from them for
such rents as they shall think just and reasonable to be paid
to such orphan or orphans, on pain of being trespassers, and
paying treble damages, and full cost to such orphan or orphans,
to be recovered by the guardian during the orphan's minority,
or by the orphan when at full age. |
If convict
of waste to
give securi-
ty, &c. |
SEC. 9. And be it further enacted, That when and as often
as any county court shall, by the presentment of any grand
jury or otherwise, be informed of any waste being done by any
guardian upon any orphan's estate, to issue their warrant to
cause such guardian to appear before them, and if, upon the
said guardian's appearance before them, and being heard in his
or her defence, or refusal to appear, being summoned, such
information shall appear to be true, the said justices shall order
the sheriff, with all possible speed, to summon a jury upon the
place where the waste shall be committed, to inquire upon their
oath into the same, and of what damage such waste shall be to
such orphan, which being returned to the said justices, they
are hereby required to oblige the guardian to give security for
double the damages that shall be assessed by such jury; and in
case of refusal to commit such guardian to prison, there to
remain until he or she will comply with their order therein. |
What pre-
ference
shall be
given, &c. |
SEC. 15. And be it further enacted by the authority aforesaid,
That executors or administrators shall proceed in the payment
of debts in the same manner as they have been and are obliged
by the said last mentioned act, entitled, An act for the better
administration of justice in testamentary affairs, &c. without
any other preference to debts due to his sacred majesty, his
heirs or successors, or to the lord proprietary, his heirs or suc-
cessors, than to such debts as are or shall be due to his sacred
majesty, his heirs or successors, or to the lord proprietary, his
heirs or successors, for the proper use and benefit of them, or
either of them, any law, statute, usage or custom to the contrary
notwithstanding. |
|
 |
