ART. 65. ] PROCEEDINGS IN EQUITY.

645

shall finally pass in the cause on the hearing of both parties; and
whenever an injunction is obtained by an executor or administrator,
on filing a bill and executing a bond as aforesaid, the court shall
have full power and discretion to decree against such executor or
administrator, as equity and good conscience shall seem to require.
78. In all cases where a sheriff, or other officer, is prevented by
an injunction from selling personal property taken in execution, he

Id. s 65
1799, c 79, s 10.
Sheriff pre-
vented from
soiling property
by injunction,
to redeliver
property to
party from
whom taken
8 Gill 43,
3 Bl 637

shall deliver hack the property taken in execution to the party from
whom it was taken, and shall not be answerable to the plaintiff at
law on account of the same.

TRUSTEES.

79. In all cases where a decree for a sale passes, the court may
appoint a trustee to make such sale.

Art 16, s 135
1785, c 72. s 7,
1816. c 154, s 2.
Court to appoint
trustee to make
sale
23 Md 1, 67, 85,
25 Md 317, 420,
27 Md 368, 452,
30 Md 419,
33 Md 18, 60,
38 Md 221.

80. Every trustee appointed by decree to make a sale, before he
sells shall give bond to the State, in such penalty as the court or
the judge thereof may prescribe, and with surety or sureties to be
approved by the judge of the court or the clerk thereof, with condi-
tion that such trustee shall faithfully perform and execute the trust
reposed in him, and such trustee shall report, under oath, any sale
he may make, to the court, and also report his proceedings when-
ever he may be required by the court.

Id s 136
1785, c 72, s 8,
1790, c 60, 1816,
c 154, s 3, 1842,
c 70, 1845, c.
166, s 1
Trustee to give
bond
21 Md 240,
36 Md 501,
12 G & J 307

81, No sale made by a trustee appointed by the court shall be
valid unless such sale is confirmed by the court; and the court may
order any such trustee to bring into court any money, notes or
bonds he may receive for the purchase-money on any sale he may
make, to be disposed of as the court may direct.

368, 570, 28 Md 145, 29 Md 572, 30 Md 235, 536, 31 Md 425, 33 Md 210, 34 Md 413, 36 Md
175, 2 G &. J 114 Court may order trustee to bung purchase-money and notes into court

Id s 137
1785, c 72, s 8
No sale by trus-
tee valid unless
confirmed by
court
8 Md 322, 9 Md
240, 23 Md 1,
85, 26 Md 23,
27 Md 51, 83,

82. In all cases where a trustee has been appointed by will or
deed to execute any trust, and any person interested in such trust
shall make it appear to the court that it is necessary for the safety
of those interested in the execution of the trust, that the trustee
should give bond and security for the due execution of the trust,
the court may order that such bond be given, on or before such
day as the court shall name, and if the bond with such security as
the court shall approve be not given by such trustee, then the court
may remove such trustee and appoint one in his stead, who shall
give such bond and security as the court may require.

1878, c 136.
Court may order
trustee ap-
pointed by will
or deed to give
bond
35 Md 175,
41 Md 506,
45 Md. 483, 529.

83. The bond of every trustee appointed by the court, and the
bonds of trustees who are ordered by the court to give bond, shall
be filed with the clerk of such court and recorded.

Art 16, s 139
1785, c 72, s 10
Trustees' bonds
to be filed with
clerk and
recorded.

84. Where any person dies and leaves real or personal property
to be sold for the payment of debts, or other purposes, and shall not
appoint any person to sell and convey the same, or if the person
appointed dies, or neglects or refuses to execute such trust, the
court, upon the petition of any person interested in the sale of such

Id s 66
1785, c 72, s 4.
Appointment
of trustee to
execute will
30 Md 610, 37
Md 26, 44 Md
251, 4 G. & J
323, 2 Howard,
43