Md. Ch. 425. Albert v. Savings Bank, 2 Md. 159. Howard v. Waters, 19 Eichelberger v. Hawthorne, 33 Fulton v. Harman, 44 Md. 251. Keplinger v. Maccubbin, 58 Md. 203. Wright v. Williams, 93 Md. 69. Shriver's 1888, art. 16, sec. 80. 1860, art. 16, sec. 67. 1785, ch. 72, sec. 13. 1826, ch. 159. 91. In all cases where the court shall decree that a deed of any kind shall be executed, a trustee to execute such deed may be appointed, and until such trustee shall execute a deed, the decree itself, if passed in the county where the land lies, shall have the same effect that the deed would if executed; but if passed in another county, the decree shall have that effect if recorded in the county where the land lies within six months from the date thereof. Worthington v. Lee, 61 Md. 530. Sanders v. McDonald, 63 Md. 503. Ibid. sec. 81. 1860, art. 16, sec. 68. 1831, ch. 315, sec. 17. 92. Nothing in the testamentary law of this State shall be construed in any manner to affect the general superintending power of the courts having chancery jurisdiction with respect to trusts. Davis v. Clabaugh, 30 Md. 508. Eichelberger v. Hawthorne, 33 Md. 588. State v. Cheston, 51 Md. 370. Keplinger v. Maccubbin, 58 Md. 203. Myers v. Forbes, 74 Md. 360. Cherbonnier v. Goodwin, 79 Md. 59. Wright v. Williams, 93 Md. 69. Ibid. sec. 82. 1860, art. 16, sec. 69. 1798, ch. 101, sub-ch. 14, sec. 6. 93. A suit in chancery may be maintained for a legacy, in cases where a bond has been given to pay debts and legacies. Myers v. Forbes, 74 Md. 360. Cherbonnier v. Goodwin, 79 Md. 59. Ibid. sec. 83. 1860, art. 16, sec. 70. 1798, ch. 101, sub-ch. 12, sec. 10. 94. No guardian shall diminish the real estate of his ward for the maintenance or education of such ward, without the approbation of the court having equity jurisdiction, and the orphans' court. Pottenger's Exr. v. Stewart, 3 H. & J. 347. Brodress v. Thompson, 2 H. & G. 120. Hatton v. Weems, 12 G. & J.84. Ibid, sec. 84. 1860, art. 16, sec. 71. 1773, ch. 7. sec. 1. 1778, ch. 22, sec. 2. 1785, ch. 72, sec. 1. 95. If any infant, or person non compos mentis, be entitled to any real or personal property in this state, or any interest or estate therein, and the same shall be liable to any mortgage, trust, lien, or in any way charged with the payment of money, the court shall have the same power to decree in such case as if such infant were of full age, or such non compos mentis of sound mind. Lamar v. Jones, 3 H. & McH. 328. Prutzman v. Pitesell, 3 H. & J. 77. Watkins v. Worthington, 2 Bl. 509. Williams' Case, 3 Bl. 186. Tomlinson v. McKaig, 5 Gill, 256. Bolgiano v. Cooke, 19 Md. 396. 1888, art. 16, sec. 85. 1860, art. 16, sec. 72. 1773, ch. 7, sec. 2. 1778, ch. 22, sec. 4. 1785, ch. 80, sec. 2. 1791, ch. 79, sec. 4. 1841, ch. 259. 96. Where an infant, or person non compos mentis, is entitled to any real or personal property in this State bound by any contract, or where an infant or a non compos mentis claims any right in such property under any contract, the court, in either case, shall have the same power to decree the execution of such contract, or to pass any just and proper decree that the court would have if all the parties were of full age and sound mind; provided, that in all decrees for specific performance of a contract against an infant, such infant may, at any time within six months after he arrives at full age, have review of such decree; and if such infant dies under age, his heir or proper representative may have a review of such decree either within six months after the death of such infant, or within six months after such heir or representative attains full age. Ibid. sec. 86. 1860, art. 16, sec. 73. 1778, ch. 22, sec. 2. 1818, ch. 193, sec. 8. 1819, ch. 183. 97. The court may, with the assent of the guardian of an infant, or the trustee or committee of a person non compos mentis, and the consent of the other persons of full age and sound mind, who may be interested, decree the sale of the real estate of such infant or person non compos mentis, to save the personal. Ibid. sec. 87. 1860, art. 16, sec. 74. 1831, ch. 282, secs. 1, 2. 98. In any case where the surety of a sheriff, deputy sheriff or collector of taxes shall apply to the court, by bill or petition, the court, on being satisfied that such surety has suffered, or is likely to suffer loss or damage by reason of his suretyship, may appoint a trustee to complete his collections for the benefit of those concerned, and the court shall compel such sheriff, deputy sheriff or collector, or his representatives, to answer such bill or petition under oath, and disclose the state of his collections. 1888, art. 16, sec. 88. 1860, art. 16, sec. 75. 1834, ch. 76, sec. 1. 99. If on the filing of a bill or petition under the preceding section, or at any other period in the cause, it shall be made to appear to the court, by affidavit, that an injunction is necessary to the security of the plaintiff, the court may issue such injunction, and may appoint a receiver to take charge of the collections of the defendant, and to perform the duty of the trustee mentioned in the preceding section, till the further order of the court; and the court may confer on him such powers, and pass such orders as may be necessary to effect the objects of such injunction and receivership. Ibid. sec. 89. 1860, art. 16, sec. 76. 1831, ch. 282, sec. 3. 1834, ch. 76, sec. 1. 100. The court may order the delivery to the trustee or receiver mentioned in the two preceding sections, by any person, of all books, papers and vouchers of or concerning the claims, demands and debts to be collected by such trustee or receiver, and may compel such sheriff, deputy sheriff or collector, or his executors, to disclose, under oath, all the books, papers and vouchers aforesaid, and where they are deposited, and the persons having the control or possession of the same; and such trustee or receiver is authorized to collect in the same manner, and by the same means that the officer might whose collections he is appointed to complete. Ibid. sec. 90. 1860, art. 16, sec. 77. 1831, ch. 282, sec. 5. 101. The three preceding sections shall apply to executors and administrators of any officer therein named, and to the executors and administrators of the surety of any such officer; but if the bill or petition is not filed till six years after the death of such sheriff, deputy sheriff or collector, or until six years after the term of office has expired, then the trustee or receiver appointed by the court shall make his collections in the mode lawful for the recovery of debts. Ibid. sec. 91. 1860, art, 16, sec. 78. 1715, ch, 41, sec. 7. 102. The courts of equity in this State shall not hear, try, determine or give relief in any cause, matter or thing wherein the original debt or damages does not amount to twenty dollars. Reynolds v. Howard, 3 Md. Ch, 331. Pentz v. Citizens Fire Ins. Co., 35 Md. 73. Ibid. sec. 92. 1868, ch. 211. 1888, ch. 369. 103. In any case in which a burial ground has ceased to be used for burial purposes, and the said ground has been dedicated and used for burial purposes, and lots have been sold therein, and deeds executed or certificates issued to purchasers thereof, and it shall be considered desirable to dispose of said burial ground for other purposes, upon a bill being filed in any of the circuit courts of the State, in equity, in the city or county in which said burial ground is situated, setting forth the aforegoing facts, and containing the names of the lot owners or their assignees so far as known, the court shall order notice by publication in one or more newspapers published in the county or city where such burial ground is situated, warning all the lot holders or other persons in interest, residents or non-residents, adults or infants, to appear in court on or before the day fixed in said notice, to show cause why the relief prayed for should not be granted; and said notice shall be such as the court may direct, not less, however, than once a week for four successive weeks two months before the day fixed by such order for the appearance of the parties; and upon a failure of appearance by any of said lot owners, or any party in interest by the time limited in said notice, the court may order testimony to be taken ex parte, according to the usual course in equity in cases of default for non-appearance; and upon testimony taken in the cause ex parte, or otherwise, if it is made to appear to the satisfaction of the court that it is expedient or would be to the interest and advantage of the parties concerned that the said burial ground should be sold, the court may forthwith pass a decree for the sale of said ground upon such terms and notice as it shall deem proper, and shall distribute the proceeds of sale among the parties interested according to their several interests, as the same shall be shown to the court; and before making said distribution the court may order and direct that so much and such part of said proceeds of sale, as shall be necessary for the purpose, shall be set aside and applied to the removal and burial of any dead that may lie in said burial ground, in the purchase of a lot in any cemetery, graveyard, or other appropriate place of sepulture, and in the expense of disinterment and re-interment of said dead; and any decree passed in a proceeding for a sale of a burial ground, as hereinbefore provided for, shall be valid to pass to the purchaser or purchasers of said burial ground the title of the same free, clear and discharged of, and from the claims of the corporation or trustees who may hold the same, their successors or assigns, and of all persons in interest as lot holders in such ground, whether they are entitled as original lot holders, and whether they be residents or non-residents, adults or infants. Brendel v. Zion Church, 71 Md. 83. 1888, art. 16, sec. 93. 1886, ch. 151. 104. In cases where proceedings have been or shall be instituted for the renewal of a lease containing a covenant for renewal, the court may pass a decree for the renewal of such lease, which shall be binding upon all persons who shall have become parties to such proceedings by summons or appearance, or who shall have been proceeded against by publication, as provided by section 127 of this article; and such decree shall be sufficient to renew the title of all persons interested under such lease, according to their respective interests and estates thereunder, for such additional term, under such rent and upon such covenants, conditions and stipulations as were provided in such lease. Ibid. sec. 94. 1886, ch. 151. 105. Every renewal decree passed under the provisions of the preceding section shall be recorded among the land records of the county or city where the land affected by such decree may lie. Ibid. sec. 95. 1886, ch. 308, sec. 2. 1904, ch. 25. 106. If any person residing in this State shall desire to change his or her name, such person may file in the Circuit Court for the county of his or her residence, or in the Circuit Court of Baltimore City, or in the Circuit Court No. 2 of Baltimore City, if such person resides in the City of Baltimore, a petition in which shall be stated the change which such person desires shall be made in his or her name, and the reasons therefor; and thereupon the said court, upon being satisfied in such manner as it shall by its rules prescribe, that the prayer of the said petitioner shall be granted, shall order and decree that the name of such person be changed as prayed in said petition; and upon the passage of such decree, the true and legal name of such person shall be that determined by the said decree; and a copy of the said decree, under the seal of said court, shall be sufficient and legal evidence of the facts therein stated. A petition provided for in this section may be filed on behalf of any infant residing in this State, by the father or mother of such infant, or in the case of the death of the father and mother of said infant, by the guardian of such infant; the costs of the proceedings provided for in this section shall be regulated by the said court, and shall be paid by the petitioner. |