170 CHANCERY. [ART. 16

While the language of this section is broad, subsequent sections pre-
scribe the necessary steps preliminary to the sale of the property of luna-
tics. This section referred to in construing sections 318 and 121—see notes
thereto. Rutledge v. Rutledge, 118 Md. 556.

115.

As the lunatic himself cannot, after inquisition found, contract a debt,
the claims of the creditors referred to in this section must exist before
the inquisition, or may consist of liens on his property. See note to sec-
tion 118. Rutledge v. Rutledge, 118 Md. 556.

116.

This section referred to in construing sections 118 and 121—see notes
thereto. Rutledge v. Rutledge, 118 Md. 557.

1904, art. 16, sec. 110. 1888, art, 16, sec. 99. 1860, art. 16, sec. 82.
1833, ch. 150, sec. 2. 1894, ch. 221. 1912, ch. 478.

117. The Court, which may have appointed the guardian, committee
or trustee of the property of a person non compos mentis may, upon the
application of such guardian, committee or trustee, without any process
or order of publication, order or decree any real or leasehold property
of a person non compos mentis to be mortgaged, or may order or decree
any real or leasehold property of a person non compos mentis to be
leased for any term of years, or may order or decree the surrender of
any lease of the estate or property of such person non compos mentis
to be accepted, and the same to be demised anew on such terms and con-
ditions as the Court may direct.

This section referred to in construing sections 118 and 121—see notes
thereto. Rutledge v. Rutledge, 118 Md. 557-63 (decided prior to the act of
1912, chapter 478).

See notes to this section (as it stood in 1911) in volume 1 of the Anno-
tated Code.

1904, art. 16, sec. 111. 1888, art. 16, sec. 100. 1860, art. 16, sec. 83.

1828, ch. 26, sec. 1. 1828, ch. 222. 1833, ch. 150.

1894, ch. 221. 1912, ch. 478.

118. In all applications by a guardian, committee or trustee of the
property of a person non compos mentis to sell any of the real, leasehold
or personal property of such person non compos mentis, or to mortgage
any of the real or leasehold property of such person non compos mentis
or to demise any of the real or leasehold property of such person non
compos mentis, or to accept the surrender of lease thereof, the Court
shall, before passing an order, or decree, have proof taken as in other
chancery cases as to the value, quantity and condition of the property
and after considering all the circumstances if the 'Court shall deem it to
the interest and advantage of such person non compos mentis it may
order or decree a sale, mortgage, lease or surrender of a lease of the
whole or any part of said property on such terms and conditions as the
Court may prescribe.

While it is not necessary to adopt the proceedings required by this sec-
tion to enable the court to order a sale of a lunatic's property for the
purpose of paying his expenses or for his support, when a sale is made for
such purpose, there should be an application to the court showing the