764 LAWS OF MARYLAND. [CH. 331

expenses shall take priority to all claims of the common cred-
itors of the deceased. This section to apply to all cases where
the heirs or devisees are residents or non-residents, or are of
full age, or infants, or of sound mind, or non compos mentis,
and to cases where the parties left no heirs, or where it is not
known whether he left heirs or devisees, or, if the heirs or
devisees be unknown and if there be no heirs the State's At-
torney shall appear to the bill.

SEC. 2. And be U further enacted, That this Act shall take
effect on June 1, 1922.

Approved April 13th, 1922.

CHAPTER 331.

AN ACT to repeal and re-enact with amendments Section 353A
of Article 4 of the Public Local Laws of Maryland, title
"City of Baltimore," sub-title "Orphans' Court," as enacted
by the Acts of 1912, Chapter 167; prividing for the payment
of funeral expenses of decedents by executors and adminis-
trators.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Section 353A of Article 4 of the Public Local Laws
of Maryland, title "City of Baltimore," sub-title "Orphans'
Court," as enacted by the Acts of 1912, Chapter 167, providing
for the payment of funeral expense of decedents by executors
and administrators, be and the same is hereby repealed and re-
enacted to read as follows:

353A. Every executor or administrator within ninety days
after the grant of letters, shall pay, out of the first moneys
received by him, after the first cost of letters of administration,
and after all taxes due from his decedent shall have been paid
or determined, the funeral expenses of his decedent, to be al-
lowed in the discretion of the Orphans' Court according to the
condition and circumstances of the deceased, in no event to
exceed $300.00, except by special order of court, and pro-
vided the estate of the decedent be solvent, and the same
shall be preferred to all debts and claims against the deceased,
except for taxes due and in arrear from the decedent. If the
said funeral expenses be not paid within ninety days after the
grant of letters testamentary or of administration, the person