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How and
of whom
letters tes-
tamentary
or of ad mi-
nistration
are to be
obtained.
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person or persons who shall be authorized by the orphans court
of the said county to receive them, such of the said goods,
chattels, personal estate and debts, as shall come to his or her
possession, (except such as shall be allowed for by the said
court,) then the above obligation is to be void, or is otherwise
to remain in full force and virtue in law.'
SEC. 17. And every collector as aforesaid shall be required,
on granting the said letters, to take the following oath, or affir-
mation, as the case may require : 'I —— —— do swear, or
affirm, as the case may be, that I will well and honestly dis-
charge the office of collector of the goods, chattels, personal
estate and debts, of —— —— , deceased, according to the tenor
of the letters granted to me by the orphans court of ——— -
county, and agreeably to the directions of law, to the best of
my knowledge; so help me God,'
SEC. 18. Every collector so appointed shall have power to
collect the goods, chattels, personal estate and debts, according
to the tenor of the said letters, and to secure the same at such
reasonable and necessary expense as shall be allowed by the
court; and the court may authorize him, immediately after
appraisement, to sell such as shall be perishable, or not to be
preserved, and to account for the same; and for the whole
trouble incurred by a collector, the court may allow a commis-
sion on the amount of the property and debts actually collected,
and afterwards delivered to an executor or administrator, as to
the court shall seem just, not exceeding three per cent or the
court may allow a commission on the whole inventory not
exceeding two per cent.
SEC. 19. Repealed by 1802, ch. 101, sec. 5.
SEC. 20. On the granting of letters testamentary or of admi-
nistration, the power of any such collector, shall cease, and it
shall be his duty to deliver, on demand, all the property and
money of the deceased in his hands, except as before excepted
to the person or persons obtaining such letters ; and in case of
the collector's evading such demand, or refusing or neglecting
to deliver according to such demand, made at a reasonable time
and place, either the court may proceed against him by attach-
ment, and impose a fine riot exceeding ten per cent, on the
amount of property in his hands, unless in the case of the
minority of the executor or executrix, then and in such case
letters of administration, during the minority of such executor
or executrix, shall be granted ; the age of eighteen years to be
considered as the age of majority of the purposes of this clause ;
or his bond may be sued by the executor or administrator.
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