432 CHANCERY. [AET. 16

in a penalty to be fixed by the court, to perform the contract or pay
all such costs and damages as may, in any court of competent jurisdic-
tion, be adjudged against him for breach or non-performance of such
contract.

Policy, design and probable effect of this section. This section applied.
Neal v. Parker, 98 Md. 269.

Where specific performance is not refused on the "mere" ground that the
plaintiff has an adequate remedy at law, this section has no application.
Brehm v. Sperry, 92 Md. 408.

Cited but not construed in Kingan Packing Assn. v. Lloyd, 110 Md. 624.
As to the enforcement of decrees for specific performance, see sec. 91.
As to decrees of specific performance against non-resident infants and non
compos, see sec. 126.

As to specific performance relative to the transfer of corporate stock, see-
art. 23, sections 44 and 46.*

Trustee.

1904, art. 16, sec. 216. 1888, art. 16, sec. 200. 1860, art. 16, sec. 135.
1785, ch. 72, sec. 7. 1816, ch. 154, sec. 3.

232. In all cases where a decree for a sale passes, the court may
appoint a trustee to make such sale.

A trustee is the mere attorney of the court acting under a specially dele-
gated authority. Andrews v. Scotton, 2 Bl. 637. And see Gibsou's Case, 1
Bl. 139.

A trustee may be appointed to execute an assignment of a patent, if the
patentee fails to execute such assignment, as directed by a decree. Ager v.
Murray, 105 U. S. 126.

Cited but not construed in Kingan Packing Assn. v. Lloyd, 110 Md. 624.

As to the appointment of a trustee to sell property or execute a deed; and'
the general jurisdiction of equity under trusts, see sec. 94 et seg.

As to the appointment of a trustee to make a sale directed by a will, see
sec. 94.

As to when trustees represent those beneficially interested, see sec. 182.

As to the appointment of a trustee to complete the collections of a sheriff
or tax collector, see sec. 102.

As to who is a trustee, see sec. 29.

See also, notes to sec. 95.

For a form of a trustee's deed under a decree, see art. 21, sec. 59

Ibid. sec. 217. 1888, art. 16, sec. 201. 1860, art. 16, sec. 136. 1785, ch. 72, sec. 8.

1790, ch. 60. 1816, ch. 354, sec. 3. 1842, cr. 70. 1845,

ch. 166, sec. ]. 1910. ch. 212 (p. 61).

233. Every trustee appointed by decree to make a sale before he
sells, shall give bond to the State of Maryland, with surety or sure-
ties, to be approved by the judge of the court or the clerk thereof in such
penalty as the said judge may prescribe; provided, that whenever the
surety on said bond is a corporation authorized by the laws of this
State to qualify as such, the amount of the penalty of the bond shall be
an amount not exceeding the probable value of the property to be sold
by said trustee; and nothing herein shall prevent the court from increas-
ing the penalty of any bond to such an amount as it may see proper, for
sufficient cause shown; said bond to be conditioned that such trustee

*No attempt is here made to annotate cases dealing with the principles govern-
ing specific performance—see Brantly's Digest.