344

LAWS OF MARYLAND.

or on any of the public roads or streets specified in the preceding

sections, it shall be the duty of such constable to procure a war-

rant for the arrest of the owner or owners of such animal or

animals, and to arrest such owner or owners under said warrant,

and to take him or them before some justice of the peace in and

Arrest.

for said county to be dealt with as hereinbefore provided; and in

case any constable shall fail to perform the duties imposed on him

by this act, he shall be subject to indictment therefor in the cir-

cuit court for said county, and upon conviction thereof shall be

fined not less than one dollar nor more than five dollars for each

and every offense, and upon failure or refusal to pay said fines and

the costs of prosecution, shall be committed to the jail of said

county and confined therein for not less than five days nor more

than thirty days.

SEC. 4. And be it enacted, That all fines and penalties imposed

For
schools.

and collected under this act shall be paid to the board of school

commissioners of said county for the use of the public schools

of said county.

Effective.

SEC. 5. And be it enacted, That this act shall take effect from

the date of its passage.

Approved April 3, 1890.

CHAPTER 320.

AN" ACT to repeal section one hundred and eighty-eight, of

article sixteen, of the Code of Public General Laws, entitled

"Chancery," sub-title "Sales," relating to the sale of real estate

where the personal estate is insufficient to pay the debts of the

decedent, and to re-enact the same with amendments.

SECTION 1. Be it enacted by the General Assembly of Maryland,

Repeal

That section one hundred and eighty-eight, of article sixteen, of

the Code of Public General Laws, entitled "Chancery," sub-title

"Sales," be and the same is hereby repealed and re-enacted so as

to read as follows :

SEC. 188. Where any person dies or shall have died leaving any

real estate in possession, remainder or reversion, and not leaving

personal estate sufficient to pay his debts and costs of administra-

To sell real
estate.

tion, the court on any suit instituted by any of his creditors, may

decree that all the real estate of such person, or so much thereof

as may be necessary shall be sold to pay his debts, and the funeral

expenses of the decedent to an amount not exceeding three hun-

dred dollars shall be considered the debt of said decedent, any

person having claims for funeral expenses not exceeding three

hundred dollars in the aggregate, shall be considered creditors of