EMERSON C. HARRINGTON, GOVERNOR. 899

CHAPTER 431.

AN ACT to add a new section to Article 16 of the Code of
Public General Laws of Maryland, title "Chancery," sub-
title "Trustee," to be known as Section 246A; and to follow
immediately after Section 246 of said Article as found in
Bagby's Annotated Code of the Public General Laws of
Maryland.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That a new section be and the same is hereby added to
Article 16 of the Code of Public General Laws of Maryland,
title "Chancery," sub-title "Trustee," to be known as Section
246A, and to follow immediately after Section 246 of said
Article as found in Bagby's Annotated Code of the Public
General Laws of Maryland.

Section 246A. Whenever any property, real or personal, or
both, in this State, has been limited or conveyed to a trustee or
trustees to secure the payment of money, and said trustee or
trustees, the survivor of them, or trustee or trustees substituted
in said trust, shall die, resign or for any reason fail or neglect
to act in the performance of his or their duties, upon petition
setting forth under oath the facts of said trust, the death, resig-
nation or failure to act of the trustee or trustees, and such other
facts as may be necessary to entitle the petitioner or petitioners
to the relief prayed, by any person or persons interested in the
release or execution of said trust, to any Court of Equity hav-
ing jurisdiction over said property, said Court shall have power
to pass a decree substituting a trustee or trustees in the place
of the trustee or trustees so dying, resigning, failing or neglect-
ing to act, with all the powers and liabilities of said trustee or
trustees for whom he or they are substituted. In such pro-
ceedings, notice by summons or publication, according to the
practice in equity in said Court, shall be given to said trustee
or trustees to be removed or replaced as aforesaid, if living, and
if dead it shall not be necessary to give such notice or to make
his heir at common law or his heirs, devisees or personal repre-
sentatives parties thereto but the Court shall lay a rule upon
the party or parties whose property is liable for the payment of
said money or upon the beneficiary or beneficiaries of said trust
if a release thereof be sought, unless he or they shall volun-
tarily appear and admit the allegations of the petition, to show
cause under oath on or before fifteen days after service of such
rule why the prayer of said petition shall not be granted. If