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The Maryland Code Public General Laws, 1904
Volume 393, Page 1925   View pdf image (33K)
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ART. 90] COUNTER SECURITY.. 1925

1888, art. 90, sec. 3. 1860, art. 91, sec. 3. 1807, ch. 136, sec. 2
1829, ch. 216, sec. 4.

3. If the security or counter security of a guardian or any
person interested in the estate of such security or counter
security shall conceive himself in danger of suffering from
the securityship, he may apply to the orphans' court by which
such guardian was appointed, or in which he gave bond, and
the said court may call on such guardian to give counter
security; and if the said guardian shall not, within a fixed
reasonable time, give such counter security, the court may
revoke his appointment and appoint a new guardian; and if
the guardian whose appointment is revoked shall refuse or
neglect, in a reasonable time after demand, to deliver to such
new guardian the property of the ward, the said court may
compel the same by attachment, and may direct the bond of
such displaced guardian to be put in suit.

Ibid. sec. 4. 1860, art. 91, sec. 4. 1844, ch. 305.

4. 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 trustee, 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 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 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.

Ibid, sec. 5. 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


 

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The Maryland Code Public General Laws, 1904
Volume 393, Page 1925   View pdf image (33K)
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