Page:United States Statutes at Large Volume 47 Part 1.djvu/1060

 1036 72d CONGRESS. SESS. II. CH. 127 . FEBRU ARY 27, 1933 . and sho w cau se why he should not g ive further security, and mu st proc eed t hereo n as upon the a pplic ation of any pe rson inter ested. Release of sureties. SEC. 745. RELEASE of SURETIES.-When a surety of any executor or administrator desires to be released from responsibility on account of f uture acts , he may m ake a pplic ation to the di stric t cou rt, or the judge thereof, for relief. The cour t or judge must caus e a c itati on to the ex ecuto r or admin istra tor to be issue d, and ser ved p erson ally, requ iring him to ap pear at a time and p lace, to be the rein speci fied, and to give other security. If he has absconded, le ft, or removed from the Canal Zone, or if he can not be found, after due diligence and inquiry, service may be ma de as provided in section 740 . New sureties. SEC. 746. NEW suRETZES .-If new s ureti es be give n to the s atisf ac- tion of the judge, he may thereupon make an order that the sureties who appli ed for rel ief s hall not be lia ble on the ir bo nd for any sub- seque nt ac t, de fault , or misco nduct of the ex ecuto r or admin istra tor. act as Ne gl ect forfeiture f give, to f f S EC. 747. NEGLECT TO GIVE NEW S URETI ES FO RFEIT S LETTERS .-If the lett ers. executor or administrator neglects or refuses to give new sureties, to the satisfaction of the judge, on the return of the citation, or within such reaso nable time as the ju dge s hall allow , unl ess the su rety mak- ing the application sha ll co ns ent to a longer extension of time, the court or judge must, by order, revoke his letters. Time of acting on applications. S EC. 748 . A PPLIC ATION S TO BE D ETERM INED AT ANY TIME .-The applications au tho ri zed by the ni ne preceding sections of th is ch ap- ter may be heard and determined at any time. All orde rs ma de therein must be entered upon the minutes of the court. Liability on bond. SEC. 749. LIABI LITY ON BOND .-The liability of principal and sure. ties upon the b ond of any exec utor, admi nistr ator, or g uardi an, is in all c ases to pay in the k ind of mon ey or curr ency in wh ich the principal is legally liable. Special administra. to rs; powers and du- SPECIAL ADMINISTRATORS, AND THEIR POWERS AND DUTIES ties. When appoi nted. . SE C. 750. SPE CIAL ADMIN ISTRA TOR, WHEN APPOI NTED. --W he n there is delay in granting letters testamentary or of administration from any cause or whe n suc h let te rs are granted irregularly, or no suffi- cient bond is filed as required, or when no application is made for su ch letters, or wh en an executor or administrator dies, or is sus- pended , or remov ed, the di stric t cou rt, or jud ge, m ust a ppoin t a s pe- cial administrator to collect and take charge of the estate of the decedent in whatever division the same may be found ; and to exercise such other powe rs as may be ne cessa ry for the pres ervat ion of the estate ; or he may direct the public administrator to .take cha rge of the estate. Appointment of,issu- SEC. 751 . APPO INTME NT OF -ISSU ANCE OF LETTERS .-The appoint- ance of letters. ment mqy be mad e at any t ime u pon s uch n otice to s uch of the per- so ns interested in the est ate as the cour t , may deem reasonable. After the person. appointed Chas given bo nd, the cl erk m ust issue special letters of administration to such person. , Prefe rence in a p- SEC. 752. PREFERENCE-IN APPOINTMENT .-In making the appoint- pointment. ment of a speci al ad minis trato r the cour t mus t giy e pre feren ce to the person "entitled to letters testamentary, or of administration . Bond and oath . SEC. 753 . BOND AND O ATH o r .-B efore any lette rs is sue to any spe- cia l administrator, except to the public administrator, he mu st gi ve bon d in such'sujn as the cou rt or judge may direct, with sureties to the sati sfact ion of the cour t-or judge, con ditio ned for the fai th- ful performance of-his duties ; and he-must take the usual oath, and have't h e same indorsed on his letters . Powers and duties . SEC . 754 . POWERS AND DUTIES .-T he sp ec ial administrator mu st collect and preserve for the executor or administrator, all the goods,