1845.

LAWS OF MARYLAND.

CHAP. 166.

Passed Feb.
28, 1846.

CHAPTER 166.

A supplement to the act imposing a tax on commissions al-
allowed to trustees and receivers, to aid in paying the
debts of the State, passed at December session, eighteen
hundred and forty four, chapter one hundred and eighty
seven.

Clerk to re-
ceive bond.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That from and after the first day of May,
next, it shall be the duly of all and every trustee and
trustees, to whom any estate, real, personal or mixed, is
or shall be limited or conveyed, for the benefit of credi-
tors, or for any other purpose, to file with the clerk of
the county court, in which the deed or instrument creat-
ing the trust may be first recorded, a bond in such pen-
alty as the clerk may prescribe, being, as nearly as can
be ascertained, double the amount of the trust estate,
and with surety to be approved by the said clerk, con-
ditioned for the faithful performance of the trust, by the
said deed or other instrument of writing reposed in such
trustee or trustees, which bond shall be recorded in the
office of said clerk, and a copy thereof under his official
seal, shall be evidence in any of the courts of this State.

Clerk to give
notice upon a
failure to com-

ply.

SEC. 2. And be it enacted, That if any such trustee or
trustees shall fail or refuse to give bond as aforesaid, for
the space of three months after the deed or other instru-
ment of writing creating the trust, is deposited with the
clerk to be recorded as aforesaid, it shall be the duty of
the said clerk to give notice thereof to the county court,
of the county, or some one of the judges thereof, who
upon consideration of the circumstances, and upon such
reasonable notice as the court or judge may prescribe to
to the trustee and such of the parties interested as may
be conveniently served therewith, shall proceed to ap-
point another trustee or trustees in lieu of the trustee or
trustees who shall have failed or refused as aforesaid,
and upon the trustee or trustees so appointed by the
court or judge, giving bond as aforesaid; the whole trust
estate shall vest in him, her, or them, subject to the pro-
visions of the trust deed or other instrument of writing
creating the trust, and the same power may and shall be
exercised by the court or judge from time to time, until
a trustee or trustees shall be appointed and qualified to
act by giving bond as aforesaid.

Subject to tax.

SEC. 3. And be it enacted, That if the trust estate
shall be administered and settled in any of the courts of