CHANCERY. 181

tage of an infant to raise money by mortgage for improvements and repairs,
made or to be made, to his real property, or for monies spent or to be spent
for the maintenance, support and education of the infant, or for monies
spent or to be spent for the purchase of equipment, stock, including live
stock, for seeds, fertilizer, cost of cultivating and harvesting crops neces-
sary for the maintenance, upkeep and operation of the real property
intended to be encumbered, or to pay any charges, liens or encumbrances
thereon, the court may, on application of the guardian or next friend of
such infant decree the conveyance of any interest, estate or term of years
of such infant in any lands or real estate or personal property by way of
mortgage, in such form and on such conditions as the court may direct;
and the court may direct the guardian of such infant to execute such con-
veyance. The provisions of this section are to apply to the interest or
estate which any infant may hold in common or jointly with any person of
full age, and to all interests or estates to which any infant may be entitled
in reversion, remainder or otherwise, and the court may decree that the
interest of the tenant of the particular estate, or the holder of the prior
remainders may be mortgaged with the consent of such tenant or holder -
and the mortgagee shall not be required to look to the application of the
proceeds of the mortgage.

74.

This section referred to in construing act 1880, ch. 64, authorizing Nursery
and Child's Hospital to hind ont for adoption children committed to it. Adop-
tion as provided in statute only. Legacy to "children." Zimmerman v. Thomas,
152 Md. 265. 8.

Cited but not construed in separate opinion in Lowe v. Lowe, 150 Md. 603.
(See notes to sec. 37.)

Court has Jurisdiction under secs. 74-79 to pass decree of adoption where
husband and wife petition for adoption of child, with written consent of its
parents, the parents being divorced, etc. Decree will not be annulled in ab-
sence of fraud, surprise, mistake, etc. Backus v. Heynolds, 159 Md. 603.

Aunt of deceased mother of child not entitled to adopt child over objection
of father even though not in position at time to provide home for it. Connelly
v. Jones, 165 Md. 546.

Secs. 74-79 referred to in construing sec. 80. Alston v. Thomas, 161 Md. 621.

Cited but not construed In Weller v. Ellis, Daily Record, June 18, 1935.

1035. ch. 63.

74A. All persons residing on property lying within the physical bound-
aries of any county of this State or within the boundaries of the City of
Baltimore but on property over which jurisdiction is exercised by the
Government of the United States by virtue of the 17th Clause, 8th Sec-
tion of the First Article of the Constitution of the United States, and
Sections 31 and 32 of Article 96 of the Annotated Code of Public General
Laws of Maryland, shall be considered as residents of the State of Mary-
land and of the County or of the City of Baltimore, as the case may be in
which the land is situate for the purpose of jurisdiction in the Courts of
Equity of this State in all applications for the adoption of infants.