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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1971   View pdf image (33K)
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ART. 90] COUNTEE SECDEITT. 1971

give counter security; and if the said guardian shall not, within a
fixed reasonable time, give such counter security, the court may revoke
Ms appointment and appoint a new guardian; and if the guardian
whose appointment is revoked shall refuse or neglect, in a reasonable
time after demand, to deliver to such new guardian the property of the
ward, the said court may compel the same by attachment, and may
direct the bond of such displaced guardian to be put in suit.
See art 93, sec. 157.

1904, art. 90, sec. 4. 1888. art. 90, sec. 4. 1860, art. 91, sec. 4. 1844, ch. 305.

4. Any security or counter security of a trustee appointed by a
court of equity, or any person interested in the estate of such security
or counter security, who is afraid of suffering from suretyship, may
apply to the court that appointed such trustee, and the court shall order
the trustee to give counter security by a day named in the order; and
if the trustee shall fail to give counter security, to be approved by the
court, by the time so fixed, the court shall remove such trustee and
appoint a trustee in his stead to complete the trust, and the court shall
order such removed trustee to deliver over to the new trustee all the
trust property in his hands and all books, bonds, notes, evidences of
debt and papers belonging to or in any wise relating to the trust estate
and also to pay over to such new trustee all the money due by him on
account of said trust; and the court may compel a compliance with such
order by attachment and sequestration, or the new trustee may bring
suit on the bond of the removed trustee.

Ibid. sec. 5. 1888, art. 90, sec. 5. 1860, art. 91, sec. 5. 1867, ch. 284.

5. Whenever the surety of any clerk or register of wills of any
county or the city of Baltimore shall, by petition under oath, certify to
the judge of the circuit court for such county or city that he believes
himself to be in danger of suffering from his securityship from the
defalcation of such clerk or register or from other malfeasance in office.
the judge of such court shall forthwith pass an order requiring a copy of
the said petition to be served on such clerk or register within five days
and shall within ten days thereafter take up the case and if he shall
be satisfied from the evidence of the truth of the matters alleged, he
shall pass an order requiring such clerk or register within a specified
time to give counter security to be approved in the same manner as his
original bond; and for every day after the expiration of such speci-
fied time that such clerk or register shall fail to give such counter
security, he shall be subject to a penalty of fifty dollars, which may be
recovered by separate action for each penalty, in the name of the State,
in the same manner provided for the recovery of small debts; and upon
judgment for any such penalty the fees of office of such clerk or regis-
ter, whether for office work or for state tax on commission, may be
attached by way of execution; and such penalty shall inure and be pay-
able to the sureties of such clerk or register to insure them against any

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1971   View pdf image (33K)
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