2054 TESTAMENTAEY LAW. [ART. 93

An administrator d. b. n. can only proceed for the recovery of money in
the hands of the former administrator after obtaining an order of court
under this section, and the declaration must so allege. Green v. Hart, 57
Md. 236; Johnson v. Farmers' Bank, 11 Md. 414. Cf. Lemmon v. Hall, 20
Md. 171.

This section authorizes making administrators d. b. n. parties defendant,
and continuing against them a suit instituted against the deceased adminis-
trator where such deceased administrator in his representative character had
money in his hands belonging to the plaintiff. De Valengin v. Duffy, 14 Pet.
282.

To what this section extends. This section referred to in construing sec-
tion 70—see notes thereto. Morrow v. Fidelity Co.. 100 Md. 262; Sibley v.
Williams, 3 G. & J. 64; Neale v. Hagthrop, 3 Bl. 563.

Cited but not construed in In re Estate Baxley. 47 Md. 560; Scott v. Fox.
14 Md. 398.

1904, art. 93. sec. 72. 1888, art. 93. sec. 73. 1860. art. 93. sec. 73. 1820, ch. 174,

secs. 4. 5.

73. The administrator of the deceased administrator shall return
upon oath to the court, on or before the day named in the order afore-
said, a list of the notes, bonds, accounts and money aforesaid, as far as
he can ascertain the same; and when collected, they, or the money paid
over to him shall be assets in the hands of the administrator de bonis
non, to be accounted for by him as such.

Cited but not construed in In re Estate Baxley, 47 Md. 560.

Ibid. sec. 73. 1888. art. 93. sec. 74. 1860. art. 93. sec. 74.
1820. ch. 174, sec. 6.

74. If the administrator of a deceased administrator shall return
such list, he shall be entitled to retain out of the money, bonds, notes
and accounts, such commission as the court shall, in their discretion
allow, not exceeding ten per cent, on the principal inventory, to be
accounted for by him in the settlement of the estate of his decedent.
And if he refuse or neglect to return such list, no deduction shall be
made on account of such commission from the damages to be recovered
by the administrator de bonis non; but he shall be bound to account for
the commission so lost by his default in the settlement of his decedent's
estate, or his bond shall be liable to be sued therefor.

This section referred to in construing section 5. Commissions for partial
administration. In re Estate Baxley. 47 Md. 559: Parker T. Gwynn. 4 Md.
425; McPherson v. Israel. 5 G. & J. 64.
See notes to sec. 5.

Ibid. sec. 74. 1888, art. 93, sec. 75. 1860, art. 93. sec. 75. 1798. ch. 101.
sub-ch. 3, sec. 10.

75. Every bond executed by an executor, administrator, adminis-
trator de bonis non, administrator durante minoritate, administrator
pendenie lite, or collector, as herein directed, shall be recorded in the
office of the register of wills where administration is granted; and any
person conceiving himself interested in the administration of the estate
shall be entitled to and have, on demand, a copy of such bond, and a
certificate from the register, under his hand and the seal of his office,
upon which copy and certificate an action may be maintained in the