648

PROCEEDINGS IN EQUITY. [ART. 65.

exercising equity jurisdiction in the city or county where said real
or personal estate or said leasehold property may be situated, ac-
companied by a full and particular account, under oath, of his or
her receipts and disbursements, if any, as such trustee; and the
said court, upon the filing of such petition and account, shall have
jurisdiction in the premises, and shall cause notices to be given by
publication in one or more of the papers of said city or county, and
for such time as the said court may deem proper, giving notice of
the filing of such petition, and if no good cause shall be shown to
the contrary by the day that may be limited in that behalf in said
notice, the said court by its decree shall release and discharge the
said trustee from the further execution of said trust, and may pass
such order as to costs and impose such terms in other respects, if
any, as the nature of the case and equity may require; provided,
that such discharge shall not release said trustee or his sureties, if
any, from liability to any of the cestuis que trusts or other person's
for past acts, defaults, or omissions of duty.

1870, c 247.
Court to appoint
new trustee.

94. Upon passing such decree as mentioned in the preceding
section, or at any time thereafter, on the motion of any person in-
terested in the further execution of said trust, where the character
of the trust requires the appointment of another person as trustee
in the place of the discharged trustee, the said court shall appoint
some suitable person to act thereafter in execution of said trust;

Proviso.

provided, nevertheless, that where any person shall be in the same
trust as a co-trustee, satisfactory evidence shall be produced before
the appointment of a substituted trustee that such co-trustee had
actual notice of the proposed appointment of such new trustee, and
full time to be heard in relation thereto.

TRUSTEES UNDER DEEDS OF TRUST.

1874, c 483, s 107
Trustees under
deed to give
bond
1 Md 524, 3 Md
99, 22 Md 146,
33 Md 120, 41
Md 606, 6 Gill
483

05. Every trustee, to whom any estate, real, personal, or mixed,
shall be limited or conveyed for the benefit of creditors, or to be sold
for any other purpose, shall file with the clerk of the court in which
the deed or instrument creating the trust may be recorded, a bond
in such penalty as the clerk may prescribe, being, as nearly as can

Bond how ap-
proved and
recorded

be ascertained, double the amount of the trust estate, and with
sureties to be approved by the clerk, conditioned for the faithful
performance of the trust, by the deed or other instrument reposed
in such trustee, which bond shall be recorded in the office of said
clerk; but, when the sale is to be on a contingency, no bond need

No title to pass
unless bond
filed and ap-
proved

be given until the contingency happens; no title shall pass to any
trustee as aforesaid until such bond shall be filed and approved as
aforesaid, and no sale made by any such trustee without such bond
shall be valid, or pass any title to such property or estate.

Id. s 108
Court may
lessen amount
of bond

96. When, upon an investigation of the circumstances of the case,
the Circuit Com t of the county, or Circuit Court or Superior Court
of Baltimore City, shall be satisfied that it would be improper to
require a bond to be given for double the amount of the property