568 ARTICLE 16

The act of 1818, ch. 133, was not a repeal of the act of 1816, ch. 154. Failure to make
the infant a party. Ratification. Hunter v. Hatton, 4 Gill, 123.

This section referred to in construing sec. 243—see notes thereto. Beggs v. Erb, 138
Md. 353.

See notes to sec. 63.

An. Code, 1924, see. 61. 1912, sec. 59. 1904, sec. 55. 1888, sec. 50. 1831, ch. 311, sec. 12.
1849, ch. 429. 1935, ch. 339.

65. In all cases where it shall appear to the court by proof, as pro-
vided in the preceding section, that it would be for the benefit and advan-
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 f or 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 in-
tended 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.

An. Code, 1924, sec. 62. 1912, sec. 60. 1904, sec. 56. 1888, sec. 51. 1831, ch. 311, secs. 2, 3.

1835, ch. 380, secs. 5, 9.

66. Where an infant is entitled to any lands or tenements, or chattels
real, or is entitled to any particular estate for life or for years, or otherwise,
or to a remainder or reversion, or executory devise, or if an infant be en-
titled to any trust or use in or out of such lands, real estate or chattels real,
or the rents, issues and profits thereof, in all such cases the court, on petition
of the guardian or next friend, and on being satisfied by proof as in cases
where a guardian applies for the sale of an infant's real estate, that it
would be advantageous for said infant to demise such lands, real estate or
chattels real, may decree that the same be demised for a term of years,
renewable forever, or otherwise, and yielding such rent, and on such terms
and conditions as the court may direct; provided, that where the infant is
only entitled to a part of the estate, as tenant of the particular estate, or
remainderman or otherwise, all the owners of the other parts, so as to em-
brace the entire fee if a freehold estate, or the whole term if leasehold,
assent to the passing of such decree.

A proceeding under this section, contrasted with a proceeding under sec. 252—see notes
thereto. Newbold v. Schlens, 66 Md. 588.

See notes to sec. 69.

An. Code, 1924, sec. 63. 1912, sec. 61. 1904, sec. 57. 1888, sec. 52. 1831, ch, 311, sec. 3.

67. Any infant who may presumptively or apparently for the time
being entitled to any contingent or other remainder, or any executory