EDWIN WARFIELD, ESQ., GOVERNOR.

1025

as Section 461 A, of Article 27, entitled " Crimes and Punish-
ments," sub-title " Jurisdiction, Procedure and Sentence,"
to immediately follow Section 461, and to read as follows :
461 A. In all cases where the law prescribing a punish-

CHAP. 536

ment for crime fixes a maximum and a minimum penalty
therefor, the judge of the Criminal Court of Baltimore and
the several judges of the Circuit Courts of the counties may,
in lieu of the minimum penalty so prescribed, impose a less
penalty of the same character; provided, however, that
nothing herein contained shall be construed as affecting any
maximum penalty fixed by law, or the punishment for any
crime where the law provides one and only one penalty.
SEC. 2. And be it further enacted, That all laws and parts
of laws in conflict herewith be and the same are hereby
repealed.

May Impose a
less penalty.

SEC. 3. And be it further enacted, That this Act shall take
effect from the date of its passage.
Approved April 3, 1906.

CHAPTER 537.
AN ACT to repeal and re-enact with amendments Section 276
of Article 93 of the Code of Public General Laws of Mary-
land, entitled " Testamentary Law, " sub-title "Sales."
SECTION 1. Be it enacted by the General Assembly of Mary-

Repeal.

land, That Section 276 of Article 93 of the Code of Public
General Laws of Maryland, entitled "Testamentary Law,"
sub-title "Sales," be and the same is hereby repealed and
re-enacted, so as to read as follows :
276, No executor or administrator shall sell any property
of his decedent without an order of the Orphans' Court

Repeal and
re-enact.

granting his letters being first had and obtained authorizing
such sale; and any sale made without an order of court pre-
viously had as aforesaid shall be void, and no title shall pass
thereby to the purchaser; provided, however, that all sales
of leasehold property heretofore made by executors or admin-
istrators without a previous order of the Orphans' Court
authorizing the same, but which have been duly reported to
and finally ratified by said Orphans' Court, shall be valid
to all effects and purposes as if such previous order had been
obtained.
Approved April 3, 1906.

Unlawful to
sell property
without an
order of the
Orphans'
Court.