1298

LAWS OF MARYLAND.— 1838.

Title con-
firmed to.

trust property, jointly with the trustee or trustees who appointed
him, or them, in the same manner and possessed of the same

power over the trust property, as if he or they had been originally

As to

liability.

named in the deed creating the trust ; Provided nevertheless,
that no trustee shall be at liberty by such resignation to exoner-

ate himself from any pecuniary responsibility, so as to throw

the whole burden thereof, on the remaining trustee or trustees,

without his or their assent.

In any case

SEC. 3. And be it enacted. That whenever any property has

only mi-
nority of

been conveyed in trust as aforesaid, and by reason of the causes

trustees re-

specified in the deed creating the trust, or by reason of resigna-

maining.

tions as authorized by this act, or from any other cause, there

shall be a minority only of the board of trustees remaining, it

shall and may be lawful for the remaining trustee or trustees, or

May supply

a majority of them, to fill up the board of trustees, conforming

vacancies.

as nearly as possible, in so doing, to the provisions of the deed

Proviso.

creating the trust; Provided however, if a different mode of

filling any vacancy or vacancies in the board of trustees, be pre-

scribed in the deed creating the trust, then the vacancy or

vacancies shall be filled in the manner thereby prescribed, and

on filling up of said vacancy or vacancies, the new trustee or

trustees shall become jointly seized with him or them, of the

trust property, according to the enactments of the second section

of this law.

In case of

SEC. 4. And be it enacted, That whenever any property may

absence of
trustee.

have been, or shall hereafter be conveyed in trust as aforesaid,

and by reason of the removal out of the state, or from any other

cause whatever, the trustees cannot be assembled for the pur-

pose of filling any vacancy, or vacancies, occurring as aforesaid,

Vacancy

it shall and may be lawful for the nomination of a trustee or

maybe
filled.

trustees, to fill the vacancy or vacancies to be made to each of
the trustees separately, and for each of the trustees to give his

Mode

vote in writing specifying the name of the nominee or nominees

specified.

for whom he votes, and an election made in such manner, shall

have the same effect, and be equally as valid as if made accord-

ing to the provisions of the deed, creating the trust ; Provided

however, that the mode of filling a vacancy or vacancies in the

board of trustees under the provisions of the deed creating such

trusts, is by nomination to, and approval by the trustees thereof.

In ease

SEC. 5. And be it enacted, That whenever any property has

trustees
entirely
extinct.

been conveyed in trust as aforesaid, and by the operations of
any cause, or causes whatever, the board of trustees shall have

become entirely extinct, it shall and may be lawful for a new-

board of trustees to be created in such manner as is, or may be

prescribed by the discipline and form of church government to

May be ap-
pointed by
the church.

which such property belongs, and said board of trustees when
so created, shall be seized and possessed of the trust property.