SURETIES

3345

ARTICLE 90.

SURETIES.

	Counter Security.	ply for counter security ; proceedings
	1. When sureties of executor or adminis-	upon such application; penalty for
	trator may procure counter security. 2. Orphans' court may call on executors	failure to give. 6. Petition for relief from liability of surety.
	or administrators to give new se-	7-8. Release of sureties; failure to file
	curity, may revoke letters for failure	new bond.
	to give.	9-10. Collateral security in lieu of surety
	3. Sureties of guardians may call for	bond; sale of collateral in event of
	counter security; court may require	default.
	it to be given.
	4. Sureties of trustees may call for coun-
	ter security; court may remove	Bonds to State to Protect Sub-
	trustee for failure to give.	Contractors.
	5. Sureties of clerks or registers may ap-	11. For labor and materials; provisos.

Counter Security.

An. Code, 1924, sec. 1. 1912, sec. 1. 1904, sec. 1. 1888, sec. 1. 1818, ch. 217, sec. 1.

1829, ch. 216, sec. 1.

1. If any security or any county security of an executor or admin-
istrator, or any person interested in the estate of any such security or
counter security, shall conceive himself in danger of suffering from the
securityship, he may apply to the orphans' court which granted the admin-
istration, and the said court may require the party to give counter security,
to be approved by the court; and if the party when so required shall not,
within a reasonable time fixed by the court, give such counter security, the
court may revoke his letters and appoint a new administrator; and if the
administrator whose letters are revoked shall not, within a reasonable time
to be fixed by the court, deliver over to such new administrator all the
property of the decedent remaining in his hands unadministered, and also
all the books, bonds, notes and evidences of debt, which belong to or are
due to the decedent, or which have been taken by him as executor or admin-
istrator since the death of the decedent, in his possession, and also pay over
to such new administrator all the money due by him as executor or
administrator of the decedent, the court may compel the delivery and
payment over by attachment and sequestration of property, and may also
direct the administration bond of such executor or administrator to be
put in suit.

It is imperative duty of orphans' court to require counter security if applied for,
the word "may" being construed "must." Sifford v. Morrison, 63 Md. 16; March v.
Fidelity Deposit Co., 79 Md. 310.

As to the rights of a surety who pays a debt or judgment against his principal, see
art. 8, sec. 5, et seq.

As to when premiums on surety bonds are included in taxable costs, see art. 24, sec. 10.

As to payment for surety bonds furnished county commissioners, see art. 25, sec. 21.

As to surety, casualty, liability and compensation insurance, see art. 48A, sec. 137,
et seq.