ART. 90] TRUSTEE TO COMPLETE COLLECTIONS. 1927

surety shall be discharged from all further liability for the
acts or omissions of the fiduciary after the date of such surety
being so relieved or discharged; and if such fiduciary shall
fail, within the time specified by order of court, to account and
file a new bond as directed therein, the court shall remove such
fiduciary and appoint a successor in the trust, who shall be
authorized to proceed against such fiduciary and his bond for
the recovery of the estate. The cost of proceeding under this
section shall be taxed in the discretion of the court; provided
that the court before releasing, such surety shall adjudge what
proportion, if any, of the money paid such surety for going on
such bond shall be returned to the estate or party paying the
same.

Completion of Collections by Sheriffs and Collectors of Taxes.

1888, art. 90, sec. 6. 1860, art. 16, sec. 74. 1831, ch. 282, secs. 1, 2

7. In any case where the surety of a sheriff, deputy sheriff
or collector of taxes shall apply to the court, by bill or petition,
the court, on being satisfied that such surety has suffered, or is
likely to suffer loss or damage by reason of his suretyship,
may appoint a trustee to complete his collections for the
benefit of those concerned; and the court shall compel such
sheriff, deputy sheriff or collector, or his representatives, to
answer such bill or petition under oath, and disclose the state
of his collections.

Ibid. sec. 7. 1860, art. 16, sec. 75. 1834, ch. 76, sec. 1.

8. If on the filing of a bill or petition under the preceding
section, or at any other period in the cause, it shall be made
to appear to the court, by affidavit, that an injunction is neces-
sary to the security of the plaintiff, the court may issue such
injunction, and may appoint a receiver to take charge of the
collections of the defendant and to perform the duty of the
trustee mentioned in the preceding section till the further order
of the court; and the court may confer on him such powers
and pass such orders as may be necessary to effect the objects
of such injunction and receivership.

Ibid sec. 8 1860, art. 16, sec. 76. 1831, ch. 282, sec 3. 1834, ch 76, sec 1

9. The court may order the delivery to the trustee or
receiver mentioned in the two preceding sections by any person
of all books, papers and vouchers of or concerning the claims,
demands and debts to be collected by such trustee or receiver
and may compel such sheriff, deputy sheriff or collector, or
his executors, to disclose, under oath, all the books, papers