1972 SURETIES. [ART. 90

loss which they may sustain by the defalcation, misfeasance or mal-
feasance of such clerk or register.

1904, art 90, sec. 6. 1902, ch. 457, sec. 5 A. 1902, ch. 590.

6. Any surety or the personal representative of any surety upon the
bond of trustees, committee, guardian, asignee, receiver, executor, admin-
istrator, or any other fiduciary may apply by petition to the court
wherein said bond is directed to be filed or which may have jurisdiction
of said fiduciary, praying to be relieved of further liability as such
surety for the acts or omissions of such fiduciary which may occur after
the date of the order relieving said surety; any order or decree for such
relief shall require such fiduciary to show cause why he should not
account and said surety be relieved from further liability as aforesaid
and said fiduciary be required to give a new bond; and shall be made
returnable at such time and place and to be served in such manner as
said court may direct, and said court may restrain such fiduciary in the
meantime from acting except in such manner as it may direct to pre-
serve the estate; and upon the return of such order to show cause, if
the fiduciary account in due form of law and file a new bond duly
approved, then said court shall make an order releasing said surety
from liability upon the bond for any subsequent act or default of
the fiduciary, and in default of said fiduciary accounting and fil-
ing such new bond, the said court shall make an order directing such
fiduciary to account and file a new bond within thirty days; and if he
shall so account and file a new bond, duly approved, such surety shall
be discharged from all further liability for the acts or omissions of the
fiduciary after the date of such surety being so relieved or discharged;
and if such fiduciary shall fail, within the time specified by order of
court, to account and file a new bond as directed therein, the court shall
remove such fiduciary and appoint a successor in the trust, who shall be
authorized to proceed against such fiduciary and his bond for the recov-
ery of the estate. The cost of proceeding under this section shall be
taxed in the discretion of the court; provided that the court before
releasing such surety shall adjudge what proportion, if any, of the
money paid such surety for going on such bond shall be returned to the
estate or party paying the same.

1906, ch. 409.

7. Any surety or the personal representative of any surety, upon
the official bond of any State, county, municipal or other public officer
who is, by the constitution of the State of Maryland, or by any law.
ordinance, rule or regulation, required to give such bond, may be dis-
charged from further liability as such surety upon application by peti-
tion to the court, judge, officer, board or other person or persons or body
having authority to approve such bond, who shall thereupon immedi-
ately, by order reciting such application, require such public officer to
furnish a new bond in the same manner as if none had ever been given
by him within thirty days after personal service of such order. Such