646

PROCEEDINGS IN EQUITY. [ART 65.

property, may appoint a trustee to sell and convey the same, and
apply the money arising from the sale to the purpose intended.

Id s 67
1786, c 72, s 13,
1826, c 159
Appointment
of trustee to
execute deed
2 Md 159,
1H & J 386, 387

85. In all cases where the court shall decree that a deed of any
kind shall be executed, a trustee to execute such deed may be ap-
pointed, and until such trustee shall execute a deed, the decree
itself, if passed in the county where the land lies, shall have the
same effect that the deed would if executed, but if passed in another
county, the decree shall have that effect if recorded in the county
where the land lies within six months from the date thereof.

Art 91, s 4
1844, c 305
Security or
counter-secur-
ity of trustee
may have coun-
ter-security

COUNTER-SECURITY OF TRUSTEE.

86. Any security or counter-security of a trustee appointed by
a court of equity, or any person interested in the estate of such
security or counter-security, who is afraid of suffering from the
suretyship, may apply to the court that appointed such trustees, and
the court shall order the trustee to give counter-security by a day
named in the order, and if the trustee shall fail to give counter-
security, to be approved by the court, by the time so fixed, the

Proceedings.

court shall remove such trustee and appoint a trustee in his stead
to complete the trust, and the court shall order such removed trustee
to deliver over to the new trustee all the trust property in his hands,
and all books, bonds, notes, evidences of debt and papers belong-
ing to or in anywise 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.

RELEASES TO TRUSTEES.

Art 79, s 7
1816, r. 134, s 1
Releases to trus-
tees in equity
may be re-
corded

8 7. All receipts, releases or final discharges from persons resid-
ing in this State authorized to execute the same to any trustee ap-
pointed by a decree of a court of equity, which shall have been
acknowledged before the mayor of a corporation, notary public, or

Before whom to
be acknowl-
edged in State

justice of the peace of the county wherein such persons reside, may
be recorded, and the clerk of the court by which such trustee was
appointed, is required to record the same in a well-bound book to
be kept for that purpose.

Id s 8
1816, c 134, s 2
Before whom to
be acknowl-
edged out of
State.

88. Any receipt, release, or final discharge from any person au-
thorized to execute the same, to any trustee mentioned in the pre-
ceding section, by a non-resident of this State, acknowledged as
aforesaid in the town, city, county, or place where such person
may reside, with a certificate of such acknowledgment and seal
of office annexed thereto, may be received and recorded by such
clerk.

Id s 9.
1816, c 134, s 3
Copies to be
Evidence.

89. A copy of such receipt, release, or final discharge, acknowl-
edged and recorded as directed in either of the two preceding sec-
tions, duly attested under the seal of the office in which the same