1002

LAWS OF MARYLAND.— 1831.

dians an-
swerable
for proceeds
of sale of
real estate.

shall be answerable for the proceeds, or sales of the real estate
of the testator, testatrix or ward, as the case may be, or any
part thereof, which may come into his or her possession in the
same manner, and shall be liable to the same extent as if it
were personal estate in his or her hands, and any person con-
ceiving him or herself interested in such estate, or in the pro-
ceeds or sales thereof, shall be entitled to, and have on demand
a copy of such bond, and a certificate from the register, under
his hand and the seal of his office, upon which copy and certi-

Suit there-
on au-
thorized.

ficate an action may be maintained in the name of the state, for
the use of the party interested, and judgment may be recovered
upon such action for the damage actually sustained.

Case of ap-
prehended
conceal-
ment of
property.

Executor or
administra-
tor may file
petition.

SEC. 12. And be it enacted, That if any executor or admi-
nistrator shall believe that any person hath concealed any part
of the personal property of a deceased person, upon whose estate
such executor or administrator may have obtained letters testa-
mentary, or of administration, and shall file a petition or bill of
complaint in the orphans court of the county, in which he may
have received letters alledging such concealment, it shall be the

Orphans
court autho-
rized to
compel
answer.

Commit for
refusal.

duty of such court to compel the person against whom such
allegation shall be made, to answer such petition or bill of com-
plaint, in writing, under oath, and may attach and commit the
party, in case he or she shall refuse so to answer, and in case
the said court shall believe, upon an examination of the whole
case, that the party against whom such allegation shall be made,
hath concealed any part of the personal estate of the deceased,
the said court may order the delivery over of the same to such

Compel de-
livery over.

executor or administrator, and may compel such delivery over
by attachment, sequestration of properly, and the imprisonment
of the party, if the said court shall think proper; Provided,
that in case either party, after a perfect answer put in, shall
require it, the court shall direct an issue or issues to be made up,

Appeal
provided.

and sent to any court of law which may be most convenient
under all circumstances for trying the same, and the said issue
or issues shall be tried in the said court of law in the same
manner, and there shall be the same proceedings had thereupon
as is prescribed by the act of seventeen hundred and ninety-
eight, chapter one hundred and one, in relation to other issue or
issues sent from the orphans court.

Case of al-
leged con-
cealment by
the execu-
tor or ad-
ministrator.

SEC. 13. And be it enacted, That the provisions of the afore-
going twelfth section of this act, be, and they are hereby ex-
tended to all cases where any creditor, or the widow, or any
next of kin, legatee, or devisee of the testator or intestate, or
where any other person interested in the estate of the testator or
intestate, shall, by petition or bill of complaint as aforesaid,
allege that the executor or executors, or any of them, or admi-
nistrator, or administrators, or any of them, has concealed, or