clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Proceedings and Acts of the General Assembly, 1874
Volume 211, Page 576   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

576 JOURNAL OF PROCEEDINGS [Mar. 16,

roll county, to settle his accounts as guardian to William L.
Haines, in the Orphans' Court of Baltimore city, and to de-
liver over the estate to his said ward."

By this bill the guardian of William L. Haines is autho-
rized to pass his final account as such, during the minority of
his ward, and to settle with his said ward, whose receipt,
although he is a minor, is to have the same effect as if he-
were of full age; and the minor, from and after the passage
of the said bill, is to be answerable for all debts, contracts
and liabilities made and entered into by him, and may sue
and be sued as fully as if he were of full age.

By the existing law of the State, which applies as well to
the case of William L. Haines as any other minor, a guar-
dian who has property of his ward in his hands, cannot re-
lieve himself from liability by passing a final account, and
during the minority of his ward, obtaining from him a re-
ceipt or release.

The existing law presumes the minor not to have sufficient
capacity to decide as to the accuracy of the account passed by
the guardian, and disqualifies him from executing a receipt
or release, the correctness of which he cannot dispute upon
coming of age. It also, because of this presumption of in-
capacity, makes all his contracts, except for necessaries and
educational purposes, avoidable upon his coming of age, and
only allows him to sue by guardian or next friend.

These provisions of the law are founded upon the soundest
principles of public policy, which imperatively require, in
order to avoid the inextricable confusion and uncertainty
which would result from making special laws for special cases,
that some uniform age should be established by law, at which,
among sane persons, full legal capacity should begin, and no
benefit could be derived from setting them aside in the case
of any particular minor, which would not be more than coun-
ter-balanced by the evils which would flow from so dangerous
a precedent. Besides such legislation is in controvention of
the spirit, if not the letter, of Article III., section 33, of the
State Constitution, which provides that "The General Assem-
bly shall pass no special law for any case for which provision
has been made by any existing general law."

A further objection to said bill is contained in its second
section, which enacts "that the said Hashabiah Haines, in set-
tling his account, shall be allowed for all monies bona fide
paid by him to and for the use of said William L. Haines,
and for liabilities assumed and entered into by him on his
account, up to the time of said settlement with said Court,
provided the said Court shall deem the same reasonable."

Unless this clause is intended to authorize the Orphans'

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Proceedings and Acts of the General Assembly, 1874
Volume 211, Page 576   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives