2926 ARTICLE 93.

ceeds of sales of the real estate of his ward which shall come into his pos-
session, as well as for other property.

The condition of a guardian's bond, as provided by this section, does not require
him to pay all of ward's bills out of income, but he is required to settle an account
with the orphans' court, and that court must ascertain, at its discretion, the amount
to be annually expended in maintenance and education of ward. Where guardian
has settled his account under direction of court and has paid out amount in excess
of income received, and action of court remains unchallenged, the guardian's bond
is not liable. The account, however, may be reopened and restated. The orphans'
court may abrogate and modify its orders. Bond is liable for a failure of guardian to
pay for maintenance and education of ward out of property under his control. State
v. Fidelity & Deposit Co. of Md., 132 Md. 469 (decided in 1918).

This section referred to in construing secs. 251 and 193, et seq.—see notes to
sec. 251. Fidelity & Deposit Co. of Maryland v. Husted, 128 Md. 277.

This section places guardians' bonds on the same footing with executors' and ad-
ministrators' bonds. State v. Miller, 3 Gill, 335.

No person is qualified to act as guardian until he is bonded. How such qualifica-
tion may be proved. Clarke v. State, 8 G. & J. 124.

This section referred to in determining what a plea of statute of limitations on a
suit on a guardian's bond should aver. Byrd v. State, 44 Md. 501. As to the statute
of limitations, see also State v. Green, 4 G. & J. 384. v

See notes to secs. 149 and 159.

An. Code, sec. 156. 1904, sec. 155. 1888, sec. 156. 1854, ch. 5.

161. The orphans' court may, when they deem it expedient, approve
and accept of one guardian bond, where the same person is appointed
guardian to any number of infants who may be entitled to portions of the
same estate, instead of separate bonds for each ward; provided, that noth-
ing herein contained shall be construed so as to interfere with any remedies
against such bond, but the same shall be liable to suit by all or either of
the wards therein named, or their representatives, as fully as separate
guardian bonds.

One action may be brought in name of state for use of several wards, on one
bond given by their guardian under this section. Walsh v. State, 53 Md. 543.

An. Code,, sec. 157. 1904, sec. 156. 1888, sec. 157. 1798, ch. 101, sub-ch. 12, sec. 5.

162. The orphans' court shall have power to call on any guardian for
new security and, on failure, may appoint a new guardian.
See art. 90, sec. 3.

An. Code, sec. 158. 1904, sec. 157. 1888, sec. 158. 1798, ch. 101, sub-ch. 12, sec. 5.

163. On a guardian's executing such bond as aforesaid, the court shall
have power to order the land, distributive share, or other property belonging
to his ward, to be delivered to the guardian immediately, or at such time
as shall appear reasonable; in case of a legacy or bequest, the court shall
direct the delivery as soon as it shall appear that the same may be delivered
without prejudice to the person administering; and in the case of a dis-
tributive share, the court shall direct the delivery as soon as the same shall
be ascertained; and on failure of any former guardian appointed by the
court, or of an administrator, to comply with such order, his bond may be
put in suit, and he may also be attached for contempt, and fined not exceed-
ing three hundred dollars.

Upon failure of a guardian to deliver property as ordered by the court, his bond
at once becomes liable to suit. Byrd v. State, 44 Md. 503.