1298 SURETIES—COUNTER SECURITY. [ART. 90

suretyship, may apply to the court that appointed such trustee,

and the court shall order the trustee to give counter security by
a day named in the order; and if the trustee shall fall to give

counter security, to be approved by the court, by the time so
fixed, the 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 belonging to or in any wise 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.

P. G. L., (1860,) art. 91, sec. 5. 1867, ch. 284.

5. Whenever the surety of any clerk or register of wills of
any county or the city of Baltimore shall, by petition under oath,
certify to the judge of the circuit court for such county or city
that he believes himself to be in danger of suffering from his
securityship, from the defalcation of such clerk or register or
from other malfeasance in office, the judge of such court shall
forthwith pass an order requiring a copy of the said petition to
be served on such clerk or register within five days, and shall
within ten days thereafter take up the case; and if he shall be
satisfied from the evidence, of the truth of the matters alleged,
he shall pass an order requiring such clerk or register within a
specified time to give counter security, to be approved in the
same manner 'as hie original bond; and for every day after the
expiration of such specified time that such clerk or register shall
fail to give such counter security, he shall be subject to a penalty
of fifty dollars, which may be recovered by separate action for
each penalty, in the name of the State, in the same manner pro-
vided for the recovery of small debts; and upon judgment for
any such penalty the fees of office of such clerk or register,
whether for office work or for State tax on commissions, may be
attached by way of execution; and such penalty shall inure and
be payable to the sureties of such clerk or register to insure them
against any loss which they may sustain by the defalcation, mis-
feasance or malfeasance of such clerk or register.