CHANCERY. 459

An. Code, sec. 56. 1904, sec. 52. 1894, ch. 247, sec. 5.

57. A drunkard as mentioned in the four preceding sections shall be
deemed to include any person who has acquired the habit of using spirit-
uous, malt or fermented liquors, cocaine or other narcotics to such a
degree as to deprive him of reasonable self-control.
See notes to sec. 53.

An. Code, sec. 56A. 1914, ch. 117.

58. The Mayor and City Council of Baltimore shall not be obliged to ap-
propriate more than three thousand dollars ($3,000) in any one year for the
care of inebriates, under sections 53 to 57 of the above Article, and no order
shall be passed by a Court under said sections for the care of inebriates at the
expense of the Mayor and City Council of Baltimore, in any year, after the
appropriation made in the Ordinance of Estimates for that year shall
have been exhausted, except by the consent of the Board of Estimates, act-
ing by the City Solicitor.

Infants.

An. Code, sec. 57. 1904, sec. 53. 1888, sec. 48. 1816, ch. 154, sec. 1. 1818, ch. 193, sec. 7.
1819, ch. 144, sec. 2. 1835, ch. 380, sec. 9.

59. Where an infant is entitled to any real or personal property in
this State, of any kind, or entitled to a reversion, vested or contingent
remainder, or an executory devise in any such property, or any use, trust
or equitable interest therein, the court may, if it shall appear to be for the
benefit and advantage of such infant, decree a sale thereof, if the provisions
of the following section are complied with.

This section contrasted with other sections.

A bill held to have been filed under sec. 152, and not under this section, and
hence sec. 60, held to have no application. Koontz v. Koontz, 79 Md. 360; Benson
v. Benson, 70 Md. 257 (decided prior to the act of 1890, ch. 18—see sec. 68); Earle v.
Turton, 26 Md. 33; Lawes v. Lumpkin, 18 Md. 340; Dalrymple v. Taneyhill, 4 Ma.
Ch. 173. Cf. Mumma v. Brinton, 77 Md. 200; Gill v. Wells, 59 Md. 499.

This section distinguished from sec. 152; being in pari materia, they are to be
construed together. Import of the two sections. Parties. Notice Qualification of
surety. Bolgiano v. Cooke, 19 Md. 392.

A proceeding under this section contrasted with a proceeding under sec. 243—
see notes thereto. Newbold v. Schlens, 66 Md. 588.

Generally.

Necessary allegations to bill for sale under this section. Failure of both allegations
and proof to conform to this and the following section. Fox v. Reynolds, 50 Md.
571; Roche v. Waters, 72 Md. 270. Cf. Bolianp v. Cooke, 19 Md. 393.

The sale of an infant's land under this section, does not work a conversion from
realty to personalty. This section construed in connection with secs. 60, 68, 69 and
71, and also with art. 93, sec. 203—see notes thereto. Clay v. Brittingham, 34 Md.
676; Bernard v. Equitable Trust Co., 80 Md. 124.

A decree for a sale of an infant's lands may be impeached by the infants themselves,
or in case of their death by their heirs, for fraud or the non-observance of juris-
dictional requirements, or on any other ground which shows that the decree was
improper, such as want of proper parties. A decree cannot be impeached, however,
for a mere irregularity, nor because the infants, after arriving at age, were not given
an opportunity to object. Fraud not established. The husband of a guardian, may
become a purchaser. Gregory v. Lenning, 54 Md. 53; Bolgiano v. Cooke, 19 Md. 396.

Act of 1819, ch. 144, extended provisions of act of 1816, ch. 154, to personal estate.
Carlysle v. Carlysle, 10 Md. 446. Cf. O'Hara v. Shepherd, 3 Md. Ch. 315.