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Session Laws, 1833
Volume 210, Page 177   View pdf image (33K)
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SSSK

LAWS OF MARYLAND.

CHAP. 150.

CHAPTER 150.

Passed Mar. 7, 1834

An act entitled an aft to extend the powers of the Chance-
ry Court, and the county courts, as Courts of Equity.

Preamble

WHEREAS, the act of Assembly, of seventeen hundred
and eighty-five, chapter seventy-two, section six, makes
it the duty of the Chancellor or county court, sitting as a
court of Equity, to be satisfied of the justice of a claim of
any creditor or creditors, against any idiot, lunatic, or per-
son non compos mentis, and also, that it will be advantage-
ous and beneficial to the estate of such idiot, lunatic or per-
son non compos mentis, that a sale of his or her personal
or real property or estate, should be made; for remedy
thereof,

Diseretion to order
sale

SECTION 1. Be it enacted ly the General Assembly of
Maryland, That it shall not be necessary in cases of ap-
plications of any such creditor or creditors, now or hereaf-
ter depending before the Chancellor, or county court sitting
as a court of Equity, that such Chancellor, or county court
sitting as a court of Equity, shall be satisfied that a sale of
the personal or real property or estate of such idiot, luna-
tic, or person non compos mentis, for discharging and pay.
ing the claim or claims of such creditor or creditors of
such idiot, lunatic, or person non compos mentis, will be
advantageous to such idiot, lunatic or person non compos

Froviia

mentis, but that a sale may be made, without such a requi-
sition; Provided always, that this act shall not be construed
to repeal the act of seventeen hundred and eighty-five chap-
ter seventy two, in any other particular.

Power to order
lease, &c.

Sec. 2. Ana be it enacted, That on application by the
Trustees of any idiot, lunatic or person non compos men-
tis, to the court of Chancery, or to Baltimore county court
as a court of Equity, it shall and may be lawful for the
court on being satisfied by return of commissioners ap-
pointed to inquire or otherwise that the same will be ad-
vantageous for the interests of such idiot, lunatic, or per-
son non compos mentis, to order and decree in manner
and under the regulations provided by the act of December
session, eighteen hundred and thirty-one, chapter three
hundred and eleven, in case of infants, the leasing for any
term of years, renewable forever or otherwise, and on such
conditions as the court shall approve, any ground or real
property or estate of such idiot, lunatic or person non
compos mentis, situate in the city of Baltimore, and furth-
er that on application as aforesaid, and it appearing in man-



 

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Session Laws, 1833
Volume 210, Page 177   View pdf image (33K)
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