1810.

NOVEMBER. LAWS OF MARYLAND.

CHAP.
XXXIV.

any last will or testament, ' or any codicil thereto, in the life-time of the testator, but every such
devise, legacy or bequest, shall have the same effect and operation in law to transfer the right,
estate and interest, in the property mentioned in such devise or bequest, as if such devisee or le-
gatee had survived the testator.

V. AND BE IT ENACTED, That it shall be in the power of the several orphans courts in this
state, whenever a distribution of specific articles is to be made, to appoint two disinterested per-
sons, not in any way related to the parties concerned, to make such distribution among the persons
entitled, as to them shall seem meet and proper, or if, in their opinion upon a view of such specific
articles, no distribution among the persons entitled could be by them made, which should operate
equally, but that a sale thereof would be more advantageous to the parties concerned, they shall
return to the orphans court their opinion, in writing, and the court shall thereupon order a sale of
such articles, upon reasonable notice, and cause the proceeds of such sale to be equally distributed
among the parties entitled.

VI. AND BE IT ENACTED, That in all cases where the validity of a will is or shall be contested,
Utters of administration pending such contest may, at the discretion of the orphans court, be
granted to the person named executor, or to the person to whom the largest portion of the personal
estate may be bequeathed in such contested will, or to the person who would be entitled to letters
of administration by law as in cases of intestacy; provided always, that upon a decision had on
such contested will, the same proceedings shall be had, and the same rules apply, as to the comple-
tion of the administration, according to the circumstances of the case, as are prescribed by the fifth
chapter of the act to which this is a supplement.

CHAP. XXXV.

Passed Decem-
ber 23, 1810.

An ACT for the relief of Edward L. Miles.

WHEREAS it is represented to this general assembly, by the petition of Edward L. Miles, of
the district of Columbia, that he removed from Charles county to the district of Columbia,
about four years since, and that he lately visited his friends in said county, and soon after his being
there was arrested for debt and committed to gaol, and that he is at this time in close confinement,
and praying a special act of insolvency may pass in his favour; and this general assembly believing,
the facts therein stated to be true, therefore,

II. BE IT ENACTED, by the General Assembly of Maryland, That the judges, or any judge, of Charles
county court, be and they, or any one of them, are hereby authorised and directed, to extend to
Edward L. Miles the benefit and relief of the act of assembly, passed at November session, eighteen
hundred and five, entitled, An act for the relief of sundry insolvent debtors, and the several sup-
plements thereto, without compelling him to produce any evidence of his having resided within the
state of Maryland for the two years last previous to his application for the benefit thereof, in the
same manner as if he had actually resided within this state, agreeably to the provisions of the said
act, and the several supplements thereto.

CHAP. XXXVI.

Passed Decem-
ber 23, 1810.

An ACT to preserve the breed of Fish in Baltimore County.

BE IT ENACTED, by the General Assembly of Maryland, That it shall not be lawful for any person or
persons whatsoever, after the passage of this act, to destroy the fish in any branch or creek in
Baltimore county, by putting quick-lime therein, under the penalty of twenty dollars for each and
every offence, to be sued for and recovered before a justice of the peace, as sums of similar amount
are sued for and recovered in said county, one half of which sum shall be applied to the use of the
county, and the other half shall be received by the person or persons who shall give information
thereof.

II. AND BE IT ENACTED, That any master, mistress or overseer, wilfully suffering any servant
or servants, slave or slaves, under his, her or their care or management, to put quick-lime in any
stream of water in the aforesaid county, shall forfeit the sum of twenty dollars, to be recovered and
applied as aforesaid, and if any servant or servants, slave or slaves, shall put quick-lime in any
stream of water in said county, without the privity and knowledge of their master, mistress or
overseer, and be convicted thereof before any justice of the peace, such servant or servants, slave
or slaves, shall be whipped, not exceeding thirty-nine lashes, at the discretion of such justice of the
peace.