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Orphans
court and
register of
wills.
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tody the lands, tenements, goods and chattels, returned in the
schedule, or any part thereof, and receive the profits thereof, to
be accounted for, until the party shall appear and obey the order
of the court, or until further order, and the sheriff, or other
officer, shall deliver the property accordingly, or be liable to be
proceeded against as aforesaid; provided, that the person or
persons so authorized shall first give bond to the state, with
such security, and in such penalty, as the court shall direct, to
be recorded, sued, and to be on a footing with an administra-
tion bond, conditioned for rendering a true account of the said
estate or property, and of the profits thereof, and to deliver the
same according to the court's order, deducting such allowance
for loss, and such commission, not exceeding five per cent, on
the whole, as the court shall think proper to grant; and when-
ever the purpose for which the said property was sequestered
shall have been answered, the court shall direct the said estate
or property, and profits, (deducting as aforesaid,) to be restored
to the party; and on the death of the party, the court shall
order the same to be delivered to his or her heirs, devisees or
legal representatives, as soon as the said purpose shall be
answered, or immediately, on application, and satisfying the
court of the party's right, in case the said purpose, after the
death of the original party, cannot be answered.
SEC. 16. Whenever either of the parties having a contest in
the orphans court shall require, the said court may direct a
plenary proceeding, by bill or petition, to which there shall be
an answer, on oath, (or affirmation,) and if the party refuse to
answer on oath, (or affirmation, as the case may require,) to
any matter alleged in the bill or petition, and proper for the
court to decide upon, the said party may be attached, fined and
committed, or his property may be attached and sequestered as
aforesaid.
SEC. 17. And on such plenary proceeding all the depositions
shall be taken in writing, and recorded ; and in case either
party shall require, the court shall direct an issue or issues to
be made up, 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 as
soon as may be, without any continuance longer than is neces-
sary to procure the attendance of a witness or witnesses ; and
the power of the court of law, and proceedings thereto relative,
shall be as herein before directed respecting the trial of issues ;
and the orphans court shall give judgment, or decree upon the
bill and answer, or upon bill, answer, depositions, or finding of
the jury; and in all cases of contest, the orphans court may
award costs to the party in their opinion entitled thereto, and
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