3398 ARTICLE 93

An administrator d. b. n. can only proceed for recovery of money in hands of
former administrator after obtaining an order of court under this section, and declara-
tion must so allege. Green v. Hart, 57 Md. 236; Johnson v. Farmers' Bank, 11 Md.
414. Cf. Lemmon v. Hall, 20 Md. 171.

This section authorizes making administrators d. b. n. parties defendant, and con-
tinuing against them a suit instituted against deceased administrator where such de-
ceased administrator in his representative character had money in his hands belonging
to plaintiff. De Valengin v. Duffy, 14 Pet. 282.

To what this section extends. This section referred to in construing sec. 74—see
notes thereto. Morrow v. Fidelity Co., 100 Md. 262; Sibley v. Williams, 3 G. & J. 64;
Neale v. Hagthrop, 3 Bl. 563.

Cited but not construed in In re Estate Baxley, 47 Md. 560; Scott v. Fox, 14 Md. 398.

See notes to secs. 13 and 74.

An. Code, 1924, sec. 74. 1912, sec. 73. 1904, sec. 72. 1888, sec. 73. 1820, ch. 174, secs. 4, 5.

77. The administrator of the deceased administrator shall return upon
oath to the court, on or before the day named in the order aforesaid, a
list of the notes, bonds, accounts and money aforesaid, as far as he can
ascertain the same; and when collected, they, or the money paid over to
him shall be assets in the hands of the administrator de bonis non, to be
accounted for by him as such.

Cited but not construed in In re Estate Baxley, 47 Md. 560.

See notes to secs. 13 and 74.

An. Code, 1924, sec. 75. 1912, sec. 74. 1904, sec. 73. 1888, sec. 74. 1820, ch. 174, sec. 6.

78. If the administrator of a deceased administrator shall return such
list, he shall be entitled to retain out of the money, bonds, notes and ac-
counts, such commission as the court shall, in their discretion allow, not
exceeding ten per cent, on the principal inventory, to be accounted for by
him in the settlement of the estate of his decedent. And if he refuse or
neglect to return such list, no deduction shall be made on account of such
commission from the damages to be recovered by the administrator de bonis
non; but he shall be bound to account for the commission so lost by his
default in the settlement of his decedent's estate, or his bond shall be liable
to be sued therefor.

This section referred to in construing sec. 5. Commissions for partial administration.
In re Estate Baxley, 47 Md. 559; Parker v. Gwynn, 4 Md. 425; McPherson v. Israel,
5 G. & J. 64.

See notes to sec. 5.

An. Code, 1924, sec. 76. 1912, sec. 75. 1904, sec. 74. 1888, sec. 75. 1798, ch. 101,

sub-ch. 3, sec. 10.

79. Every bond executed by an executor, administrator, administrator
de bonis non, administrator durante minoritate, administrator pendente
lite, or collector, as herein directed, shall be recorded in the office of the
register of wills where administration is granted; and any person conceiv-
ing himself interested in the administration of the estate shall be entitled
to and have, on demand, a copy of such bond, and a certificate from the
register, under his hand and the seal of his office, upon which copy and
certificate an action may be maintained in the name of the State for the
use of the party interested, and judgment may be recovered upon such
action for the damage actually sustained.

This section referred to in construing sec. 52—see notes thereto. State v. Boyd, 2
G. & J. 373.

As to the bonds of administrators, see sec. 52.