TESTAMENTARY LAW. 2937

This section referred to in construing sec. 170. Thaw v. Falls, 136 U. S. 519.
Cited but not construed in Contee v. Dawson, 2 Bl. 273; Corrie's Case, 2 Bl. 500;
McClellan v. Kennedy, 3 Md. Ch. 253.
See notes to secs. 183, 184 and 196.
Re. releases to guardian and who may execute them, see art. 79, sec. 1.

An. Code, sec. 194. 1904, sec. 193. 1888, sec. 193. 1729, ch. 24, sec. 7.

200. It shall not be lawful for any person whatsoever, not being guard-
ian, or not having license from a guardian, to enter into, possess or occupy
any lands or tenements belonging to any orphan or orphans, without first
applying to the orphans' court where the land lies, 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 costs to such orphan or orphans, to be recovered
by the guardian during the orphans' minority, or by the orphan when at
full age.

See notes to sec. 166.

An. Code, sec. 195. 1904, sec. 194. 1888, sec. 194. 1729, ch. 24, sec. 9.

201. Whenever the orphans' court shall be in any manner informed of
any waste being done by any guardian upon any orphans' estate, the said
court shall 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 defense, or on his refusal to appear, being summoned, such informa-
tion shall appear to be true, the said court 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 court,
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 shall comply
with their order therein.

Guardians and Infants not Residing in this State.

An. Code, sec. 196. 1904, sec. 195. 1888, sec. 195. 1853, ch. 422, sec. 1.

202. Where any infant not residing in this State is entitled to any
property or estate, real, personal or mixed, or to any debts or choses in
action in this State, or due by or recoverable from any person or persons,
corporation or corporations in this State, or from any estate upon which
letters testamentary or of administration have been granted in this State,
having no guardian appointed in this State, but having a guardian appointed
in the State, district or territory in which the infant resides, duly qualified
according to the laws thereof, and who shall there have given good and
sufficient security for the faithful performance of his trust as such, or in
words to that effect, then, and in such case the orphans' court of the county
or city in this State in which such property, or any part thereof, of such
infant may be situated, or where such debts or choses in action, or any part
thereof may be due or recoverable, either wholly or in part, shall pass an
order authorizing and empowering such non-resident guardian to take into