2882 ARTICLE 93.

authorized by law to do business as such, and situate in the city or county
in which his said bond may have been filed, and in such manner as to
prevent the withdrawal or alienation of such money, assets or other prop-
erty, or any part thereof, without the written consent of such surety or
sureties, or an order of a court or a judge thereof, made on such notice to
such surety or sureties as the court or judge may direct.

A guardian held to have been possibly acting under this section. De Beam v.
Winans, 119 Md. 394.

An. Code, sec. 40. 1904, sec. 39. 1888, sec. 40. 1798, ch. 101, sub-ch. 3, sec. 12.

41. Every administrator shall take the oath herein prescribed for an
executor before administration shall be granted to him.

This section referred to in construing sec. 10—see notes thereto. Smith v.
Michael, 113 Md. 21.

Cited but not construed in Georgetown College v. Browne, 34 Md. 455.
Where a trust company is administrator, no oath is now required—art. 11, sec. 49.

Administration by an Executor.

An. Code, sec. 41. 1904, sec. 40. 1888, sec. 41. 1798, ch. 101, sub-ch. 3, sec. 1. 1888, ch. 365.

r" 1910, ch. 580 (p. 322).
42. Whenever any will or codicil shall have been authenticated or
proved as herein directed before the register of wills or orphans' court,
letters testamentary may forthwith be committed to. the executor or execu-
tors named in said will or codicil provided, the said executor or each
of the executors shall execute a bond to the State of Maryland, with two
sureties approved by the register or court in such penalty as the said
register or court may require, or with a surety corporation authorized by
the laws of this State to qualify upon such bonds, and whenever the surety
upon such bond is a corporation so authorized to qualify as such, the
amount of the penalty of such bond shall be fixed by the court or register
in an amount not exceeding the probable value of the property and assets
of the estate for which said executor or executors should account for and
be liable according to law, and nothing herein shall prevent the court or
register from increasing the penalty of any bond to such an amount as
they or he may see proper, for sufficient cause shown; and said bond shall
be conditioned for the faithful performance of the trust reposed in him
as executor, to be lodged and recorded in said register's office, and subject
to be put in suit as hereinafter mentioned; but whenever an executor is
excused by the testator from giving bond, then only such bond shall be
given in an amount as the court or register shall consider sufficient to
secure the payment of the debts, taxes, assessments due by the deceased;
and the said bond shall be conditioned accordingly; provided, that when-
ever any heir, distributee, legatee or devisee named in the will shall make
it appear to the court that any executor who has given bond only as is last
mentioned, is wasting the assets of the estate in his hands or that the said
assets are in danger of being lost, wasted or misappropriated, then, in
that case, the court shall require the said executor to increase the penalty
of his bond to such an amount as the court shall think proper, and on 'his
failure to increase the penalty of his bond as required by the court within