HARRY W. NICE, GOVERNOR. 573

tions", be and the same is hereby repealed and re-enacted,
with amendments, so as to read as follows:

70. The Board of Directors of a bank or trust company
may declare a dividend from so much of its net profits or from
its surplus in excess of one hundred per cent (100%) of its
required capital, after providing for expenses, losses, interest
and taxes accrued or due from said bank or trust company,
as they shall deem expedient. Any losses sustained in excess
of any undivided profits may be charged to its surplus account;
provided, that its surplus fund, if at any time below one hun-
dred per cent (100%) of its capital shall thereafter be reim-
bursed from its net earnings, and no dividends shall be de-
clared or paid in excess of ninety per cent of its net earnings,
unless or until its surplus fund shall be fully restored to the
amount of one hundred per cent (100%) of its capital as re-
quired by the provisions of this Article. For the purposes of
this section the term "bank" shall include savings institutions
having a capital stock.

SEC. 2. And be it further enacted, That this Act shall take
effect June 1, 1937.

Approved April 26, 1937.

CHAPTER 303.

AN ACT to add a new section to Article 93 of the Annotated
Code of Public General Laws of Maryland, title "Testa-
mentary Law", sub-title "Wills", to follow after Section 333
and to be known as Section 333A.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That a new section be and it is hereby added to Article
93 of the Annotated Code of Public General Laws of Maryland,
title "Testamentary Law", sub-title "Wills", to follow after
Section 333 and to be known as Section 333A, as follows:

333A. A will shall be revoked by the subsequent marriage
of the testator coupled with birth, adoption or legitimation of
a child by him. No will shall be revoked merely by the subse-
quent birth, adoption or legitimation of a child by the testator;
provided, however, that if a will provides for an existing child
or children but makes no provision for a child subsequently
born, adopted or legitimated by the testator, then any such
child subsequently born, adopted or legitimated shall be en-
titled to the same share of the estate, real and personal, which