410

LAWS OF MARYLAND.— 1798.

delivery, by process, as hereafter directed ; and an inventory of
the property delivered to such security shall be returned with-
out delay, and the property contained in such inventory shall
be by the said security sold, distributed and delivered up, as
the case may require, under the immediate order of the court,
as if such security were executor or administrator; but inas-
much as it would be inconvenient to creditors, and others inte-
rested in the estate, if there should be a double administration,
the executor or administrator shall go on to discharge his trust,
unless the court revoke his letters for some just cause, as herein
before directed, and he shall be answerable for the property in
the same manner as if it were not on his default as aforesaid
delivered to the security, and he shall be entitled to sue the
said security, in a special action on the case, grounded on this
act, and recover damages, with double costs, in case he shall
suffer from the misconduct of such security, in diminishing
any part of the property, without obtaining an allowance for
the same from the court ; and the said security shall bring into
court, to be deposited with the register of wills, the money aris-
ing from the sale of any property as aforesaid, to be applied
according to the meaning of this act.
See note to sub ch. 12, sec. 16, ante page 406.
SEC. 12. Any executor or administrator shall be entitled to
appoint a meeting of creditors, or of persons entitled to distri-
butive shares or legacies, or a residue, on some day by the
court approved, and passage of claims, payment or distribution,
may be there made, under the court's direction and control.

CHAPTER XV.

Orphans
court and
register of
wills.

SEC. 1. The governor, by and with the advice and consent of
the council, shall have authority to appoint and commission
three men of integrity and judgment in each county of the
state, to be justices of the orphans court in such county, for the
purpose of taking the probat of wills, granting letters testamen-
tary and of administration, directing the conduct and settling
the accounts of executors and administrators, securing the
rights of legatees, superintending the distribution of the estates
of intestates, securing the rights of orphans and legatees, and
administering justice in all matters relative to the affairs of
deceased persons, according to law.
SEC. 2. The form of the commission shall be as follows :
'The State of Maryland, to A. B., C. D. and E. F., of
county, gentlemen, greeting. Be it known, that reposing great
trust and confidence in your judgment, integrity and love of
justice, we hereby appoint you justices, and each of you a jus-
tice of the orphans court for —— county, to do equal right and
justice, according to the law of this state, in every case 111