SURETIES 3347

any wise relating to the trust estate and also to pay over to such new trustee
all the money due by him on account of said trust; and the court may
compel a compliance with such order by attachment and sequestration, or
the new trustee may bring suit on the bond of the removed trustee.

An. Code, 1924, sec. 5. 1912, sec. 5. 1904, sec. 5. 1888, sec. 5. 1867, ch. 284.

5. Whenever the surety of any clerk or register of wills of any county
or the city of Baltimore shall, by petition under oath, certify to the judge
of the circuit court for such county or city that he believes himself to be
in danger of suffering from his securityship from the defalcation of such
clerk or register or from other malfeasance in office, the judge of such court
shall forthwith pass an order requiring a copy of the said petition to be
served on such clerk or register within five days and shall within ten days
thereafter take up the case and if he shall be satisfied from the evidence of
the truth of the matters alleged, he shall pass an order requiring such clerk
or register within a specified time to give counter security to be approved
in the same manner as his original bond; and for every day after the
expiration of such specified time that such clerk or register shall fail to
give such counter security, he shall be subject to a penalty of fifty dollars,
which may be recovered by separate action for each penalty, in the name
of the State, in the same manner provided for the recovery of small debts;
and upon judgment for any such penalty the fees of office of such clerk or
register, whether for office work or for state tax on commission, may be
attached by way of execution; and such penalty shall inure and be payable
to the sureties of such clerk or register to insure them against any loss
which they may sustain by the defalcation, misfeasance or malfeasance of
such clerk or register.

An. Code, 1924, sec. 6. 1912, sec. 6. 1904, sec. 6. 1902, ch. 457, sec. SA. 1902, ch. 590.

6. Any surety or the personal representative of any surety upon the
bond of trustees, committee, guardian, assignee, receiver, executor, admin-
istrator, or any other fiduciary may apply by petition to the court wherein
said bond is directed to be filed or which may have jurisdiction of said
fiduciary, praying to be relieved of further liability as such surety for the
acts or omissions of such fiduciary which may occur after the date of the
order relieving said surety; any order or decree for such relief shall require
such fiduciary to show cause why he should not account and said surety
be relieved from further liability as aforesaid and said fiduciary be re-
quired 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,