CHANCERY 591

leaving the question of the liability of the husband for such expenses to be determined
in an appropriate proceeding. Bliss v. Bliss, 133 Md. 74.

The custody of the person and property of the lunatic must have been already com-
mitted to the trustee before this section can apply. This section distinguished from
sec. 129. Sale held not to have been made for any of the purposes mentioned in this
section. See note to sec. 129. Rutledge v. Rutledge, 118 Md. 557.

Property of the lunatic may be sold to pay taxes and his living expenses without
the formalities (prior to the act of 1894, ch. 221) prescribed by sec. 129. Estate of
Dorney, 59 Md. 70. Willis v. Hodson, 79 Md. 330.

Cited but not construed in Williams' Case, 3 Bl. 192; Campbell's Case, 2 Bl. 224.

See notes to sec 129.

An. Code, 1924, sec. 126. 1912, sec. 122. 1904, sec. 115. 1888, sec. 104. 1797, ch. 114, sec. 7.

1813, ch. 21.

133. The court may, on the application of any trustee of a person
non compos mentis, and receiving proof that it is necessary and proper
to confine such person, direct such trustee to send the person under his
charge to any hospital in the vicinity of the city of Baltimore, provided he
can be there received, to remain until the further order of the court.

An. Code, 1924, see. 127. 1912, sec. 123. 1904, sec. 116. 1896, ch. 33, sec. 104A.

134... In case of application by petition of a person who has been ad-
judged a lunatic or non compos mentis to have the commission superseded
on the ground of recovery or restoration to a sound state of mind and
capacity to manage his affairs, the petitioner shall be entitled to have the
question submitted to a jury empaneled under the order of the court for
the purpose, whose verdict shall be binding on the court, unless set aside
for cause.

See notes to sec. 123.

An. Code, 1924, sec. 129. 1920, ch. 712, sec. 123A.

135. If any non-resident non compos mentis, declared to be such by
a Court of competent jurisdiction in the State, District or Territory of
the United States in which such non compos mentis resides, shall be en-
titled to any legacy, bequest or distributive share or to the proceeds of any
sale made under a decree of a court of equity, or to any money or property
in the hands of a trustee appointed by will or deed, or any property in the
hands of any executor or administrator in this State, and such non compos
mentis has a committee or guardian regularly appointed where he or she
resides, such foreign committee may upon application by petition to the
proper Court in this State obtain an order for the payment, transfer, or
delivery of such proceeds, legacy, bequest or distributive share by such
trustee, administrator, executor or other fiduciary; provided the petition
of such foreign committee shall set forth the entire amount of the property
of such non compos, mentis,, including property in this State of such non
compos mentis, and shall be accompanied by duly authenticated copies of
the decree adjudicating such person a non compos mentis, and of such com-
mittee appointment and qualification and of the bond or other security
given by such committee, and shall be verified by affidavit and the suffi-
ciency of the security shall be certified to by the chief clerk or prothonotary
of the Court by which said security was taken; and provided further that
the Court is satisfied of the truth of the facts set forth in such petition and
of the sufficiency of such security.