ART. 50. ] SETTLEMENT OF DECEDENTS' ESTATES.

473

and the administrator to whom letters may be granted shall be en-
titled to put the delinquent's bond in suit, and to recover such dam-
ages thereon as the jury may find; and in assessing such damage the
jury shall allow such sum as will be equal to six per centum per an-
num on the amount of the inventory, or inventories, from the time
of the return, or returns, to the time of the verdict, over and beyond
the damages for such loss or injury as the estate may have sustained
by the delinquent's conduct.

Md 328, 495, 34
Md 389, 37 Md.
429, 41 Md 3S4

Bond to be sued.

What damages
recoverable

213. In such account shall be stated on one side the assets which
have come to his hands, according to the inventory or inventories
returned to the court, or received and appraised as herein directed,
after the inventory or inventories returned, and including therein
the interest that may have been received on sales made under the
authority of the court, and the sales made under the court's direc-
tion; that is to say, the inventory or inventories are to show the ar-
ticles of the estate, and the sales, the amount of their value, where
they have been sold, and for articles so sold he shall be charged the
price according to the return; and if any articles have been sold for
credit and not yet paid for, it shall be accounted for in a subsequent
account; and all moneys received for debts due the decedent shall
be included in said account.

Id 8 4
1798, c 101,
sub-c 10, s 1,
1813, c 217, ss
1, 2
Account, what
to contain.

Assets.

214. On the other side shall be stated the disbursements by him
made, viz.: first, funeral expenses, to be allowed at the discretion of
the court, according to the condition and circumstances of the de-
ceased; second, the debts of the deceased, proved or passed, as
herein directed, and paid or retained; third, allowance for things
lost or which have perished, without the party's fault, which allow-
ance shall be according to the appraisement; fourth, his commis-
sions, which shall be at the discretion of the court, not under five
per cent., nor exceeding ten per cent., on the amount of the inven-
tory or inventories, excluding what is lost or perished; fifth, his al-
lowance for cost and extraordinary expenses (not personal), which
the court may think proper to allow, laid out in the recovery or se-
curity of any part of the estate, and the court may also allow him
credit for any live stock killed, for the necessary use of the family,
before a sale.

1874 c 155
, Order of dis-
bursements
1 Funeral ex-
penses to he
stated, 2 Debts
proved, etc, 3.
Allowance for
things lost, 4.
Administrator's
commissions, 5
Extraordinary
expenses, etc
8 Md 548, 11
Md 416, 20 Md
171, 287, 22 Md
116, 33 Md 209,
38 Md 373, 46
Md 551, 47 Md.
555.

215. If anything be bequeathed to an executor, byway of com-
pensation, no allowance of commissions shall be made unless the
said compensation shall appear to the court to be insufficient; and
if so, it shall be reckoned in the commission to be allowed by the
court.

Art 93, s 6.
1798, c 101, "
sub-c 14, s 5
Commissions to
executor who
, receives legacy.

216. The Orphans' Courts are hereby authorized, wherever they
are satisfied that an agent has been employed in the administration
of an estate, to examine such agent on oath of all proceedings which
may have taken place relative to the administration of the estate in
which such agent may have been employed, in like manner as they
are authorized to examine administrators.

Id s 7
1823, c 131, s 1.
Agent may be
examined on
oath