WM. T. HAMILTON, ESQUIRE, GOVERNOR.

609

Chapter 384.

AN ACT to repeal section one hundred and sev-

enty-one, article ninety- three, of the Code of Pub-

lic General Laws, title " Testamentary Law,"

sub-title " Guardian and Ward," as amended by

chapter four hundred and three of the acts of the

General Assembly of Maryland, passed at the

January session, eighteen hundred and seventy-

two, and to enact the following in lieu thereof:

SECTION 1. Be it enacted by the General Assem-

bly of Maryland, That section one hundred and

seventy-one, article ninety-three, of the Code of

Public General Laws, title " Testamentary Law,"

sub-title "Guardian and Ward," as amended by

Repealed and
enacted in lieu

chapter four hundred and three of the acts of the

General Assembly of Maryland, passed at the Jan-

uary session, eighteen hundred and seventy-two, be

and the same is hereby repealed, and the following

enacted in lieu thereof:

171. They shall order the guardian who has re-

ceived from any trustee of a court of equity any

proceeds of real estate of his ward sold by such

trustee, or the proceeds of the sale of leasehold

estate of his ward sold by order of the Orphans'

Court, or moneys belonging to his ward, to invest

Order trustee

the same in mortgages on unencumbered real estate

to invest.

worth at least double the amount loaned, or such

public stocks, permanent funds, or other good secu-

rities, to be selected by the said guardian, as will

yield the highest rate of interest that can be reason-

ably had; and said investment shall be reported to

the court for its approval before becoming perm a

nent; and the increase or surplus interest of such

investment, after what may be necessary for the

maintenance and education of the ward, shall be

invested in like manner under the direction and

approval of the court; and no part of the principal

shall be applied to the maintenance and education

of the ward, when said principal consists of the

proceeds of sale of real estate by a trustee, unless

Principal not

a court of equity shall so direct; nor in other eases

applied.

shall the principal be so applied without the order

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