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Passed Jan. 30
Chancellor, Etc.
In certain cases,
may direct the
sale of real es-
tates.
— to appoint
trustees.
Sales to be con-
firmed by
chancellor, &c.
—trustees bond.
Allowance to
trustees.
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CHAPTER 154.
An act to authorise the Chancellor, and the several Coun-
ty Courts of this State, to order and decree the Sales of
Real Estate of Minors in the cases therein mentioned.
Sec. 1. Be it enacted by the General Assembly of Maryland,
That where any infant or infants are or shall be possessed of
any lands, tenements, hereditaments or real estate, whatsoever,
it shall and may be lawful for the chancellor, or for the several
county courts within this state, as a court of equity, upon the
petition of the guardian or prochein ami, of such infant or infants,
after summoning such infant or infants, and his appearance by
guardian to be appointed by the chancellor, or the county courts
as aforesaid, and upon the hearing and examination of all circum-
stances, and upon its appearing to the said chancellor, or the
county courts as aforesaid, that it will be for the interest and ad-
vantage of such infant or infants to sell such lands, tenements,
hereditaments or real estate, or any part thereof, to order and
direct such lands, tenements or hereditaments, or any part there-
of, to be sold upon such terms as the chancellor or the county
courts as aforesaid may direct.
2. And be it enacted, That the chancellor or county courts as
aforesaid, shall have full power and authority to appoint a trus-
tee or trustees for the purpose of making any sale by them direct-
ed in pursuance of this act.
3. And be it enacted, That all sales made by the authority of
the chancellor or county courts as aforesaid, under this act, shall
be notified to, and confirmed by, the chancellor or county courts
as aforesaid, and the purchase money for the same shall be paid,
before any conveyance of the property shall be made; and bond
with good and sufficient security, to be approved by the chancel-
lor or county courts as aforesaid, shall be given by the person or
persons empowered to sell property as aforesaid, for the due ex-
ecution of the trust committed, which bond shall be lodged with
the register in chancery, or clerk of the county court as aforesaid ;
and any person interested in such sale shall have a right to a co-
py of such bond, and a certificate from the said register, or clerk,
under his hand and seal of office; upon which copy and certifi-
cate an action may be maintained, in the name of the state, for
the use of the party interested and apprehending himself ag-
grieved; and judgment may be by such party recovered, upon
such action, for the damages by him actually sustained, and the
plea of non est factum shall not be received to any such action,
unless the same is verified by the affidavit of the defendant or
defendants tendering the same.
4. And be it enacted, That the chancellor, or the county courts,
as aforesaid, shall have full power and authority to allow any
trustee, who shall make a sale of any real estate by virtue of this,
law, such commission from one to seven and an half per cent for
his trouble in selling thereof, and paying over the same, as the
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