SURETIES. 2813

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 preserve 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
filing 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 recovery 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.

An. Code, sec. 7. 1906, ch. 409.

7. Any surety or the personal representative of any surety, upon the
offiicial 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 discharged from
further liability as such surety upon application by petition to the court,
judge, officer, board or other person or persons or body having authority
to approve such bond, who shall thereupon immediately, 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 personal service made either within
or without the State of Maryland by the said court, judge, officer, board
or other person or persons or body, or by any person authorized by them or
at their request, by the surety or any agent or representative of the surety.
When such new bond is given and approved, according to law, in compliance
with said order, the surety on the prior bond shall remain liable for acts or
defaults occurring prior thereto, but shall be discharged from all further
liability from the acts or defaults of said officer which may be done or
committed subsequent to the approval of such new bond. The office of
any such State, county, municipality or other public officer shall become
vacant at the expiration of thirty days from personal service as aforesaid,
if the said officer shall not have complied with such order by filing new
bond, and. the said vacancy shall be filled as provided by law in case of
death, resignation or removal; this provision shall be mandatory.