Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1846-04-30

benefit of creditors, for any other purpose tie file
with the clerk of the county court, in which the
deed or instrument creating the trust may be first
recorded, bond in such penalty as the clerk may
i prescribe, being nearly can be ascertained
double the amount of the trust estate and with
surety to be approved by the said clerk conditioned
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 copy thereof, under
his official SEAL shall be evidence in any of the courts
of this State
Sec 2. find be 1t enacted, That if any such trus-
tee or trustees shall fail refuse to give bond as
aforesaid, tor the space of three months after the
deed or other instrument Of writing creating the
trust is deposited with the clerk to be recorded
aforesaid, it shall be the duty of the said clerk to
give notice thereof to the county court of the coun-
ty or some one of the judges thereof who, upon
consideration of the circumstances, and upon such
reasonable as the court or Judge may prescribe
to the trustee and such of the parties interested as
may be conveniently served Herewith shall proceed
to appoint another trustee or trustees in lieu of the
trustee or trustees who shall have failed or refused
as aforesaid and upon the trustee trustees so ap-
pointed by the court or Judge, giving bond as afore-
said, the whole trust estate shall vest in him, her
or them, subject TO the provisions Of the trust deed
or other instrument of writing creating the trust
and the same power may and shall be exercised by
the court judge from time to time, until trustee
or trustees shall be appointed and qualified to act by
giving bond as aforesaid.
SEC 8. find be at enacted That if the trust estate
shall be administered and settled in any of the courts
OF equity of this State, the commission or compen-
satlon which may be allowed to the trustee or trus
tees, either by the instrument creating the trust or
by the court, shall be subject to tax Of one-tenth
part OF the allowed FOR the use of this State
to be ascertaincd by the auditor of the court in au
dtng the accounts of the trust and in case the said
9np Nd I'd g
courts OF this State then and in that case it shall
be the duty of the said trustee trustees, within
SIX months from the period Of his giving bond as
aforesaid, to make report upon oath to the county
court OF the county where the bond is fled Of the
whole umount OF the trust estate and the amount
OF the commission or compensation which may be
allowed to such Trustee trustees either by the
deed or other instrument of writing OF in any other
way, which commission or compensation shall like
wise be subject to tax of One-tenth part thereof
torthe use of this State; and if at any time therea
ter further additional commissions or compensation
shall be allowed to such trustee trustees, it shall
be his, her their duty to report the same TO the
court aforesaid, when such further and additional
commission compensation shall be subject to the
same rate OF tax for the Of this State.
SEC: /. find be it enacted, That If in any case
any trustee trustees shall fail to make report to
the court aforesaid, within six months from the fl
ing of the bond required TO be filed by this act, it
shall be- and hereby is declared to be the duty of
the clerk Of the court to issue a summons against
such trustee or trustees, commanding him. her or
them to appear before court, at the next ensuing
term thereof, to make report aforesaid, and in
case the SAID summons is returned SeTred and the
trustee trustees shall notwithstanding fail to app
pear and report as aforesaid, then and in that case
an attachment as for contempt shall issue, to COM
pei an appearance, upon which similar proceedings
shall be had in other Of attachment, to the
end that the party in 0Ciaut shall he
PEELED to comply with the requirements of this act,
and the tax hereby imposed be ascertaned and col
lected.
Sec. 5. find be 1t enacted, That the tax imposed
by this act shall be paid to the clerk of the court Of
the county where the bond of such trustee or trus-
tees IS filed, 10 the register of the court of chan
Gerry, the trust estate is settled in the high court
of chancery, and by the said clerks or register &C
counted for and paid into the Treasury, at the same
,periods as by law they required to account for
and pay into the Treasury other similar revenue re-
ccvcd by them for the of this State, upon which
they shall be allowed the like commission as in
other similar case of failure or neglect to account
with, and pay into the Treasury as aforesaid, the
clerk register failing shall be subject to the
same penalties and forfeiture they liable to by
law in other such cases.
SEC. 6. find be 1t enacted, That the tax imposed
by this act shall be paid by the trustee charged there
with, to the clerk register of the court of chan
Gerry, as the case may be, within thirty days after
their commission or compensation IS ascertaned and
allowed either bv the account of the auditor or the
report of the trustee or trustees aforesaid and in
of failure, the clerk register shall give notice
thereof to the Treasurer, upon whose direction the
bond of such trustee trustees shall be put in suit
by the Attorney General proper deputy, the
case may be.
ap9O. D. CLAUDE, Treasurer.