JOHN WALTER SMITH, ESQ., GOVERNOR.

and no title shall pass to any trustee as aforesaid until such
bond shall be filed and approved as aforesaid, and no sale
made by any such trustee without such bond shall be valid
or pass any title to such property or estate. If the trust estate
consists of real property, or of real and personal property,
situated partly in the county or city in which the grantor
resides, and partly in one or more other counties, it shall be
sufficient that a bond that has been accepted and filed in the
county of the grantor's residence; if the trust estate consists
entirely of real estate in a county or counties other than of
the residence of the grantor, it shall be sufficient that a bond
has been accepted and filed in the county in which the deed
has been first recorded.

129

SEC. 2. And be it enacted, That a new section be and the
same is hereby added to said Article 16, to follow after said
Section two hundred and five, and to be numbered 205 A, and
to read as follows:

New Section
added.

205A. When any estate, real, personal or mixed, shall be
limited or conveyed to any trustee as security for debt, or to
be sold upon a contingency, it shall not be necessary for such
trustee to file a bond until after the contingency happens, or
a sale is about to be made in pursuance of the power contained
in the deed or instrument creating the trust, and every such

When necea-
sary to file
bond.

trustee before making sale shall file with the clerk of the
court in which the deed or instrument creating the trust is
recorded a bond in such penalty as the clerk may prescribe,
being as nearly as can be ascertained double the amount of
the trust estate, and with sureties to be approved by the clerk,
conditioned for the faithful performance of the trust reposed
in such trustee, which bond shall be retained and recorded in
the office of the said clerk, and shall report all sales made by
him to the court of equity having jurisdiction in the prem-
ises, in the same manner and subject to the same rules as are
required and prescribed in relation to sales made in pursuance
of decrees of courts of equity in this State; and no sale made
by any such trustee without such bond shall be valid or pass
any title to such property or estate. If the trust estate con-
sists of real property, or of real and personal property,
situated partly in the county or city in which the grantor
resides, and partly in one or more other counties, it shall be
sufficient that a bond has been accepted and filed in the county
of the grantor's residence; if the trust estate consists entirely
of real estate, in a county or counties other than of the resi-
dence of the grantor, it shall be sufficient that a bond has been
accepted and filed in the county in which the deed has been
first recorded.

Report all
sales to court.