ART. 52. ] GUARDIAN AND WARD.

489

erty belonging to his ward, to be delivered to the guardian imme-
diately, or at such time as shall appear reasonable; in case of a
legacy or bequest, the court shall direct the delivery as soon as it
shall appear that the same may he delivered without prejudice to
the person administering, and in the case of a distributive share, the
court shall direct the delivery as soon as the same shall be ascer-

When court to
order delivery
of property to
guardian
6 Gill 161, 193,
285, 6 Gill, 391,
31 Md 34, 44 Md
492.

tained; and on failure of any former guardian appointed by the
court, or of an administrator, to comply with such order, his bond
may be put in suit, and he may also be attached for contempt, and
fined not exceeding three hundred dollars.

Former guar-
dian, etc, fail-
ing to deliver
property, how
compelled

22. Every guardian appointed by the court having care of real
estate shall, within three months after executing his bond, procure
the said estate to be viewed and reported on by two skilful, discreet
persons, not related to either party, and appointed by the Orphans'
Court, which two persons, before they proceed to act, shall swear
before some judge or justice that they will appraise the same with-
out favor or prejudice, and to the best of their skill and judgment;

Id s 159
1798, c 101,
sub-c 12, s 6
Appraisement
where real
estate

and it shall be the duty of the appraisers to examine the estate and
estimate the annual value thereof, including working beasts and
stock and utensils thereon belonging to the ward and proper to be
leased with the land; they shall likewise set down in writing what
dwelling-houses, out-houses, orchards, gardens, meadows, inclosures,
and other improvements are on the land, and the condition thereof,
and what proportion of the said land is in their estimation in woods;
and they shall make a certificate, under their hands and seals, of
the whole they have done, to which shall be annexed a certificate of
their appointment and of their having taken the oath aforesaid, and
the same shall be returned by the guardian to the Orphans' Court

Duty of
appraisers

within three months as aforesaid; and the same shall be evidence
against him, in case of any suit for misconduct brought against him.

Appraisement
evidence against
guardian

23. No guardian shall commit waste on the land, but the court
may, on his application, allow him to cut down and sell wood, and
account for the same, in case it shall deem the same advantageous
or necessary for the ward's education and maintenance.

Id s 160
1798, c 101,
sub-c 12, s 7
When guardian
may cut timber.

24. And each guardian having real estate under his care shall
either cultivate the same, with the stock and utensils belonging to
his ward, or to be purchased with his money, with the approbation
of the court, or he shall lease the same from year to year, or for any
term not exceeding three years, and within the non-age of his ward;
or he may, with the court's approbation, undertake the estate on his
own account, and be answerable for the annual value, to be every
third year ascertained under the direction of the court.

Id s 161
1798, c 101,
sub-c 12, s 8
Where real
estate guardian
may cultivate
or lease
May undertake,
estate on his
own account.

25. They shall order a guardian who has received from any
trustee of a court of equity any proceeds of real estate of his ward,
sold by such trustee, to invest the same in mortgages on unincum-
bered real estate, worth at least double the amount loaned, or such
public stocks or permanent funds as will at least net six per centum
per annum; and the surplus interest of such investment, after what

1672, c 403.
Proceeds of
sales of real
estate received
by guardian
from trustee,
how to be
invested