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SECTION 1. JSe it enacted by the General Assembly of
Maryland, That the following additional section be added to
the Code of Public General Laws, title "Sureties," to follow
section 5, and to be known as section 5 A of said Article.
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New section
added.
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5 A.. Any surety or the 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 tiled,
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 meantime from acting
except in such manner as it may direct to preserve the estate 5
and npon the return of such order to show cause, if the fidu-
ciary 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 surety shall be dis-
charged 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 Act shall be
taxed in the discretion of the Court ; provided, that the Court
before releasing such surety shall adjudge what proportion, ii
any of the money paid such surety for going on such bond
shall be returned to the estate or party paying the same.
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Relief
of further
liability
asked.
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