1926 SURETIES. [ART. 90

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 his 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 provided 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, misfeasance or malfeasance
of such clerk or register.

1902, ch. 457, sec. 5A. 1902, ch. 590,

6. Any surety or the personal representative of any surety
upon the bond of trustees, committee, guardian, assignee,
receiver, executor, administrator, or any other fiduciary may
apply by petition to the court wherein said bond is directed
to be filed or which may have jurisdiction of said fiduciary,
praying to be relieved of further liability as such surety for
the acts or omissions of such fiduciary which may occur after
the date of the order relieving said surety; any order or decree
for such relief shall require such fiduciary to show cause why
he should not account and said surety be relieved from further
liability as aforesaid and said fiduciary be required to give a
new bond; and shall be made returnable at such time and
place and to be served in such manner as said court may
direct, and said court may restrain such fiduciary in the mean-
time from acting except in such manner as it may direct to
preserve the estate; and upon the return of such order to
show cause, if the fiduciary account in due form of law and
file a new bond duly approved, then said court shall make an
order releasing said surety from liability upon the bond for
any subsequent act or default of the fiduciary, and in default
of said fiduciary accounting and filing such new bond, the
said court shall make an order directing such fiduciary to
account and file a new bond within thirty days; and if he
shall so account and file a new bond, duly approved, such