ART. 66. ] SALE, LEASE, OR PARTITION OF PROPERTY IN EQUITY. 661
40. The court may allow to the trustee, committee, or other
person charged with the care of the person or estate of any non
compos mentis, any sum not exceeding ten per cent., on the income
and expenditures of such non compos mentis, for the care and
trouble of such trustee, or person so charged as aforesaid.
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Id 8 85
1828, c 26,
ss 4, 5
Allowance to
committee, etc.
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41. In all cases where a trustee has been appointed by the court
for the management of the person and estate of a person non compos
mentis, the court may decree that the property of such non compos
mentis, or so much thereof as may be necessary, be sold for the
support of such non compos mentis, or for the payment of all rea-
sonable and just expenses which said trustee may have incurred.
MORTGAGES.
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Id a 86
1300, c 67, s 2
May order sale
for support
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42. Every deed convening real estate or chattels, which by any
other instrument or writing shall appear to have been intended only
as a security in the nature of a mortgage, though it be an absolute
conveyance in terms, shall be considered as a mortgage, and the
person for whose benefit such deed shall be made shall not have any
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Art 64, s 1
1825, c 203, s 2
What Consid-
ered a mortgage.
3 Md Ch 321,
19 Md 536,
29 Md. 144
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benefit or advantage from the recording thereof, unless every in-
strument and writing operating as a defeasance of the same, or
explanatory of its being designed to have the effect only of a mort-
gage or conditional deed, be also therewith recorded.
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Separate instru-
ments to be also
recorded
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43. No mortgage, or deed in the nature of a mortgage, shall be
a lien or charge on any estate or property for any other or different
principal sum or sums of money than the principal sum or sums
that shall appear on the face of such mortgage, and be specified and
recited therein, and particularly mentioned and expressed to be
received thereby at the time of executing the same, and no mort-
gage, or deed in the nature of a mortgage, shall be a lien or charge
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1872, c 218
No mortgage,
etc, a lien un-
less the princi-
pal sum shall
appear on its
face, and be
recited therein
10 Md 597, 13
Md 312, 511, 24
Md 299, 36 Md
65, 38 Md 231,
45 Md. 396, 477.
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for any sum or sums of money to be loaned or advanced after the
same is executed, except from the time said loan or advance shall
be actually made, and no mortgage to secure such future loans or
advances shall be valid unless the amount or amounts of the same,
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Future advan-
ces not a hen
except from the
time they are
actually made
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and the times when they are to be made, shall be specifically stated
in said mortgages This not to apply to mortgages to indemnify
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Amounts and
tunes to be
stated
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the mortgagee against loss from being indorser or security, nor to
any mortgages given by brewers to maltsters to secure the payment
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Exceptions
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to the latter of debts contracted by the former for malt and other
material used in the making malt liquors.
44. In Anne Arundel, Baltimore, St. Mary's, and Prince George's
counties, no mortgage, or deed in the nature of a mortgage, shall
be a lien or charge on any estate or property for any other or dif-
ferent principal sum or sums of money than the principal sum or
sums that shall appear on the face of such mortgage, and be speci-
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Art 64, s 2
1872, c 213
1825, c. 50
Mortgages in
Anne Arundel,
Baltimore, St.
Mary's, and
Prince George's
counties
38 Md 270,
39 Md 409
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fied and recited therein, and particularly mentioned and expressed
to be secured thereby at the time of executing the same. This not
to apply to mortgages to indemnify the mortgagee against loss from
being indorser or security.
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Not to be a lien
for more than
secured thereby
at the time of
executing
Exception
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