TESTAMENTARY SYSTEM.
4. Every such commission, if the persons therein
named, or any of them,
shall qualify under it, shall be recorded in the office of the register
of wills,
amongst the proceedings of the orphans court, whereof they are appointed
justices.
5. The justices of the orphans court in each
county, already commissioned
and qualified, shall be and are hereby authorised, until a new commission
shall
be produced and opened as aforesaid, to hold their offices, and exercise
the powers
vested in orphans courts by this act, or by any law which shall be in force
after
the operation of this act shall commence.
6. Any person who shall qualify under such
commission may also act under a
commission as justice of the peace.
7. But no person named in such commission to
the orphans court shall be authorised
to act as justice of the orphans court, until he shall have repeated and
subscribed a declaration of his belief in the christian religion, and taken,
repeated
and subscribed, the oath of allegiance prescribed by the constitution,
and
the oath of a judge or justice prescribed by the act of February, seventeen
hundred
and seventy-seven, chapter five, and the oath of fidelity to the United
States, prescribed by act of congress; and any person named in such commission
may administer the said oaths to, and take the declaration aforesaid of,
any other
named in the commission, but it shall not be necessary for any person named
in
such commission, who has acted as justice under the next preceding commission,
to qualify on opening the new commission.
8. The orphans court shall be held in each
county on the second Tuesday in
every month of February, April, June, August, October and December,
and
oftener if need be, according to its own adjournment; and any one of the
justices
of the said court, in the absence of the others, shall have power to
hold the said
court, at a stated time of adjournment, only for the purpose of adjourning;
any
two of them shall have full power to do any act which the said court is
or shall
be authorised by law to perform, and any two of them shall have power to
hold
the court, on any day not named in an adjournment, on the application of
any
person having pressing business in the said court, provided notice thereof
be given
to all, and in such case the register shall record, that such notice hath
been given.
9. The register of wills in each county, already
or hereafter to be appointed
agreeably to the constitution, shall diligently attend each meeting of
the orphans
court in his county, and under their direction make full and fair entries
of their
proceedings, and shall also make a fair record, in a strong bound book
or books,
of all wills proved before him, or the said court, or authenticated according
to
this act, and of all other matters by law directed to be recorded in the
said court,
or in his office; he shall make out and issue every summons, process, or
order
of the court, and shall, in every respect, act under their control
and direction,
as the clerk of a court of law is under the direction of the said court
of law;
and he shall give out, and certify under the seal of the court, any copy
of any
part of the proceedings in the court, or in his office, which any person
may
demand; and he shall be entitled to a reward for any service by him done,
according
to the table of fees now or hereafter to be settled by law.
10. The said register of wills shall attend
on every Tuesday or Saturday at
the town or place where the orphans court is held, unless prevented by
sickness,
accident or necessity, for the dispatch of office business; he shall lodge
every
original paper, and record by him made up, in some repository of the court-house
of the county; and the court or board, authorised to superintend the
money matters of the county, shall provide and keep in repair the said
repository
at the county's charge.
11. Every person hereafter appointed register
of wills, before he acts as such,
shall, before the said court, or some judge or justice, qualify, by repeating
and
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