ART. 65. ] PROCEEDINGS IN EQUITY.

placed in the hands, or made subject to the disposition of said trus-
tee, the court may prescribe the amount of the bond to be given by
such trustee.

649

97. If any trustee shall fail or refuse to give such bond for the
space of three months after the deed or instrument creating the trust
is deposited with the clerk to be recorded, the clerk shall give no-
tice thereof to the court of which he is clerk, or to the judge thereof,
who, upon consideration of the circumstances, and upon reasonable
notice to the trustee, and such of the parties interested as may con-
veniently he served therewith as the court or judge shall prescribe,
shall proceed to appoint another trustee in lieu of the trustee who
shall have failed or refused.

Id s 109
Trustee failing
to give bond,
court to ap-
point new
trustee.

98. Upon the trustee so appointed by the court or judge, giving
bond as before directed, the whole trust estate shall vest in him,
subject to the provisions of the trust deed, or other instrument
creating the trust, and the same power may be exercised by the
court or judge from time to time until a trustee shall be appointed
and give bond.

Id s 110
Trust estate to
vest in new
trustee on
bonding

99. It shall be the duty of the trustee, within six months from
the period of his giving bond, to make report upon oath to the court
in which the bond is filed, of the whole amount of the trust estate,
and the disposition made of the same; and any bale made by such
trustee, before taking effect, shall be reported to and ratified by said
court
100, If any trustee shall fail to make report to the court, as
required by the preceding section, the clerk shall issue a summons
commanding him to appear before the court at the next ensuing
term to make such report, and, if the summons is returned served,
and the trustee shall fail to appear and report, an attachment shall
issue to compel an appearance, upon which similar proceedings shall
be had as in other cases.

Id s 111
Within what
time trustee to
report amount
of trust estate.

Sales to be
reported and
rallied

Id s 112.
Proceeding
where trustee
fails to make
report.

VACATING CONVEYANCES, ETC., AS FRAUDULENT AGAINST CREDITORS.

101, In no case of a proceeding in equity to vacate any convey-
ance or contract, or other act, as fraudulent against creditors, shall
it be necessary for any creditor or plaintiff in the cause to have
obtained a judgment at law on his demand, in order to the relief
sought in the case, either in his own behalf or in behalf of any other
creditors who shall claim to participate in the benefit of the decree
in the case; but when the debt of such plaintiff shall not be admit-
ted by the pleadings in the case on the part of the defendant inter-
ested in contesting the same, the court shall, on application of any
of the parties, send to any court of law an issue for determining the
fact of such indebtedness, subject to the rules usually applied to
issues out of chancery.

Art 16, s 35
1835, c 880, s 2.
Proceedings to
vacate fraudu-
lent deeds or
contracts
11 Md 664, 14
Md 359 16 Md
69, 18 Md 490,
28 Md 5G6, 29
Md 311, 36 Md
42, 7 Gill 366