174

LAWS OF MARYLAND.

Dec Sess.

1813.

Maryland, with two securities to be approved by the
orphans court of Calvert county, in the penalty of four
thousand dollars, conditioned for the faithful performance
of the trusts in him vested by this act of assembly, and for
a compliance with all and every part thereof.

Return of

sale.

3. AND BE IT ENACTED, That the said trustee
shall as soon as conveniently may be after the said sale, re-
turn a just and true account thereof to the orphans' court
of Calvert county, there to be recorded, and shall yearly
and every year render an account of his proceedings to
the said orphans' court, to be by them approved

Proceeds ap-
propriated.

4. AND BE IT ENACTED, That the monies aris-
ing from the said sale shall be applied in the following
manner, to wit, to pay off the debts of the deceased, and
the residue if any, shall be disposed of as follows, one
eighth to the widow and the remaining seven eighths to
be equally divided amongst the children of the deceased

Residue of
estate secured.

5. AND BE IT ENACTED, That the residue of
the proceeds of the said real estate shall revert and des-
cend among the legal representatives of the said chil-
dren, in case of their deaths or the death of either of
them before their arrival at the age of twenty one years,
in the same manner as the said real estate would have
reverted and descended, provided this act of Assembly
had not passed for the sale thereof.

Case of death.

6. AND BE IT ENACTED, That in case of the
death of the said trustee before the final completion of
his trust, the orphans' court of Calvert county shall
have full power and authority to nominate and appoint
one or more trustees who are hereby invested with full
power to carry into effect the objects and provisions
herein contained, on giving such security for the faithful
performance of his or their trust, as is herein before di-
rected to bo given by the trustee aforesaid.

CHAPTER 162.

Passed Jan.
31, 1814.

Justice of
the peace au-
thorised to de-
termine cases
of damages.

An act to prevent the unlawful cutting and carrying
away of wood and timber.
Section 1. BE IT ENACTED by the General Assem-
bly of Maryland. That from and after the first day of
May next, in all cases of damages for the cutting, des-
troying or carrying away, timber or wood from off any
land within this state, where such damage doth not ex-
ceed the sum of fifty dollars, it shall and may be lawful
for any one justice of the peace of each respective coun-
ty wherein the trespasser doth reside, to try, hear and
determine, the matter in controversy between an owner
of land and trespasser as aforesaid, and upon a full hear-
ing of the allegations, and evidence of both parties, and
being satisfied that the timber or wood alledged to have
been cut, destroyed or carried away, really and truly be-
longed to the claimant, to give judgment in his favour,
against such trespasser, for such damages as may be as-