490

GUARDIAN AND WARD. [ART. 52.

may be necessary for the maintenance and education of the ward,
shall be invested in like manner under the direction of the court,
and no part of the principal shall be applied to the maintenance or
education of the ward, unless a court of equity shall so direct.

1872, c 403
Such invest-
ments to be
made in name
of ward

26. All moneys invested under the preceding section shall be in-
vested in the name of the ward, and shall be transferable only under
the order of the Orphans' Court, and all transfers without such order
shall be void, and whenever the Orphans' Court shall in its discre-
tion authorize a guardian to invest or mortgage the proceeds of the
sale of real estate belonging to his ward, and sold by a trustee in
equity, the affidavit of consideration to such mortgage shall be made
by the guardian of such ward.

Art 93, s 193
1729, c 24, s 7.
Persons enter-
ing lands of
orphans, tres-
passers

27. It shall not be lawful for any person whatsoever, not being
guardian, or not having license from a guardian, to enter into, pos-
sess or occupy any lands or tenements belonging to any orphan or
orphans, without first applying to the Orphans' Court where the
land lies, and obtaining leave from them for such rents as they shall
think just and reasonable, to be paid to such orphan or orphans, on
pain of being trespassers, and paying treble damages and full costs
to such orphan or orphans, to be recovered by the guardian during
the orphan's minority, or by the orphan when at full age.

Id s. 194.
1729 c 24, s 9
Proceedings, in
case of waste by
guardian

28. Whenever the Orphans' Court shall be in any manner in-
formed of any waste being done by any guardian upon any orphan's
estate, the said court shall issue their warrant to cause such guar-
dian to appear before them, and if upon the said guardian's appear-
ance before them, and being heard in his defence, or on his refusal
to appear, being summoned, such information shall appear to be
true, the said court shall order the sheriff, with all possible speed, to
summon a jury upon the place where the waste shall be committed,
to inquire upon their oath into the same, and of what damage such
waste shall be to such orphans, which being returned to the said
court, they are hereby required to oblige the guardian to give se-
curity for double the damages that shall be assessed by such jury,
and in case of refusal, to commit such guardian to prison, there to
remain until he shall comply with their order therein.

GUARDIAN'S ACCOUNTS, SALES, ETC.

Art 93 s 153.
1820, 174, s 2
Administrator
acting as guar-
dian

20. When a guardian or guardians shall be appointed to an
infant, for whom an administrator has been acting as guardian, or
the said infant shall arrive at age, or if a female, be married — which-
ever shall first happen — the administrator shall render to the Or-

How to account

phans' Court an account on oath of the manner in which the duties
imposed by the fourteenth and fifteenth sections of this article have
been discharged, in the same manner and upon the same principles
as guardians are hereinafter required to settle their accounts, and sub-
ject to the like control and authority of the court in all respects;
and the said account shall be separate and distinct from the admin-
istration of the personal estate of the deceased; and the Orphans'