ART. 16.] CHANCERY—TRUSTEE. 201

1874, ch. 483, sec. 107.

205. 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 be ascertained, double the amount of the
trust estate, and with sureties to be approved by the clerk, con-
ditioned 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 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.

Bank of Commerce v. Lanahao, 45 Md. 406. Harrison v. A. & E. R. R. Co.,
50 Md. 506.

Ibid. sec. 108.

206. Where upon an investigation of the circumstances of the

case, the circuit court for the county, or circuit court or superior

court of Baltimore city, shall be satisfied that it would be im-
proper to require a bond to be given for double the amount of
the property placed in the hands, or made subject to the dispo-
sition of said trustee, the court may prescribe the amount of the
bond to be given by such trustee.

Ibid sec. 109.

207. If any trustee shall fall 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 notice 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 conveniently be 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.