ART. 50. ] SETTLEMENT OF DECEDENTS' ESTATES.

435

20. The course of proceedings shall be regulated in each case
in which proceedings may be had under the preceding section, by
the provisions of the particular act under which a trustee has been
appointed, who has died or removed without fully executing and
completing his trust.

Id s 245
1821, c 156, s. 2.
Proceedings to
be regulated by
provisi
special act.

21. If letters testamentary or of administration shall be revoked
by the Orphans' Court, and new letters granted, pending any action
at law or in equity against the executor or administrator whose
letters are revoked, there shall be the same proceedings to make the
proper executor or administra or a party in the action, upon the
suggestion of such revocation, as in cases where a defendant has
died pending an action

Id a 246.
18112, c 101, s. 6.
Proceedings to
make proper
administrator a
party in actions
pending at law
or in equity.

22. If. in the case mentioned in the preceding section, there
had been a judgment rendered previous to the revocation of the
letters, a scire facias shall issue upon such judgment against the
proper executor or administrator, suggesting the revocation of the
letters of the former executor or administrator, and there shall be
the same proceedings as in ordinary cases against executors and administrators.

Id s 247
1802, c 101, s 6.
Scire facuis to
be issued
against proper
administrator
on judgment
rendered previ-
ous to revoca-
tion.

23. If a judgment shall be obtained against an executor or ad-
ministrator who has been made a party to a suit in the place of an
executor or administrator whose letters have been revoked, and it
shall not be found by the jury that the executor or administrator
against whom such judgment has been tendered, has assets sufficient
to discharge the same, the plaintiff in such judgment may also issue
a scire facias on such judgment against the executor or administra-
tor whose letters have been revoked, suggesting that such executor
or administrator did receive assets of the deceased, liable to such
judgment, more than was paid over or delivered by such executor or
administrate, to the persons obtaining the said letters testamentary
or of administration, and if the same shall be controverted, it shall
be ascertained by a jury in the same manner as in cases of scire
facias suggesting assets against the second executor or administra-
tor, and in case of a verdict and judgment being given against such
former executor or administrator, execution may issue thereon in
the same manner as against other executors or administrators, and
the plaintiff may also sue the bond of such former executor or ad-
ministrator.

Id s 248
1802, o 101, s 7.
When gene
facias may be
issued against
administrator
whose letters
have been
revoked

24. The Orphans' Court may, in all cases of controversy therein,
upon the application of either party, direct a plenary proceeding by
bill or petition, to which there shall be an answer on oath; and if
the party refuse to answer any matter alleged in the bill or petition
proper for the court to decide upon, he may be attached, fined, and
committed, or his property may be attached and sequestered.

Id a 249.
1798, c 101,
sub-c 15, s 16.
Plenary pro-
ceeding
22 Md 346,
32 Md 482.

28. On such plenary proceeding, all the depositions shall be
taken in writing and recorded, and if either party require it, the
court shall direct an issue or issues to be made up and sent to any
court of law convenient for trying the same, and the issues shall be

Id e 250
1798, c 101,
sub-c 15, s. l7
When issues to
be sent to court
of law
20 Md 178, 21