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ART. 93] GUARDIAN AND WARD. 2085
1904, art 93, sec. 156. 1888, art 93, sec. 157. 1860, art. 93, sec. 157. 1798, ch. 103,
sub-ch. 12, sec. 5.
157. The orphans' court shall have power to call on any guardian
for new security and, on failure, may appoint a new guardian.
See art. 90, sec. 3.
Ibid. sec. 157. 1888, art. 93, sec. 158. 1860, art. 93. sec. 158. 1798, ch. 101,
sub-ch. 12, sec. 5.
158. On a guardian's executing such bond as aforesaid, the court
shall have power to order the land, distributive share, or other property
belonging to his ward, to be delivered to the guardian immediately, or
at such time as shall appear reasonable; in case of a legacy or bequest,
the court shall direct the delivery as soon as it shall appear that the
same may be delivered without prejudice to the person administering;
and in the case of a distributive share, the court shall direct the deliv-
ery as soon as the same shall be ascertained; and on failure of any
former guardian appointed by the court, or of an administrator, to com-
ply with such order, his bond may be put in suit, and he may also be
attached for contempt, and fined not exceeding three hundred dollars.
Upon the failure of a guardian to deliver property as ordered by the court,
his bond at once becomes liable to suit. Byrd v. State, 44 Md. 503.
If an administrator Invests money belonging to a ward with the approval
of the guardian, and subsequently the orphans' court passes the guardian's
account showing such investment, the administrator is relieved from liability
for ensuing loss. O'Hara v. Shepherd, 3 Md. Ch. 313.
This section referred to in construing section 165. Thaw v. Falls, 136 U.
S. 519.
Ibid. sec. 158. 1888, art. 93, sec. 159. 1860, art. 93, sec. 159.
1798, ch. 101, sub-ch. 12, sec. 6.
159. Every guardian appointed by the court, having care of real
estate, shall, within three months after executing his bond, procure the
said estate to be viewed and reported on by two skilful, discreet persons,
not related to either party, and appointed by the orphans' court, which
two persons, before they proceed to act, shall swear before some judge
or justice of the peace that they will appraise the same without favor or
prejudice, and to the best of their skill and judgment; and it shall be
the duty of the appraisers to examine the estate and estimate the annual
value thereof, including any working beasts and stock and utensils
thereon, belonging to the ward, and proper to be leased with the land;
they shall likewise set down in writing what dwelling-houses, out-houses,
orchards, gardens, meadows, enclosures and other improvements are on
the land, and the condition thereof, and what proportion of the said
lard is, in their estimation, in woods; and they shall make a certificate,
under their hands and seals, of the whole they have done, to which shall
be annexed a certificate of their appointment and of their having taken
the oath as aforesaid, and the same shall be returned by the guardian
to the orphans' court within three months, as aforesaid; and the same
shall be evidence against him in case of any suit for misconduct brought
against him.
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