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may compel payment, by attachment of the body, and fine, or
attachment and sequestration, as aforesaid, of the property.
SEC. 18. Any person who may conceive him or herself ag-
grieved by any judgment, decree, decision or order of the
orphans court, shall have the liberty of appealing to the court
of chancery, or to the general court of the shore whereon such
orphans court is held ; if the judgment, decree, decision or
order, shall have been given or made on a summary proceeding,
and on the testimony of witnesses, the party shall not be al-
lowed to appeal, unless he or she shall immediately notify his
intention, and request that the testimony be reduced to writing,
and in such case the depositions shall be, at the cost of the
party in the first instance, reduced to writing; and a transcript
of the whole proceedings relating immediately to the matter,
shall be made out by the register of wills, and certified by him
under seal, and transmitted to the said appellate court by the
party within thirty days from the date of the decision or order,
the said party shall otherwise lose the privilege of appeal ; and
if the decision of the orphans court be in a summary way, and
on papers filed in the court, no party shall be entitled to appeal,
unless he or she enter the appeal within three days, and trans-
mit a certified copy of the proceedings as aforesaid within thirty
days aforesaid ; but in case there shall have been plenary pro-
ceedings as aforesaid, either party may prosecute the appeal, by
entering the same as aforesaid, and by transmitting a certified
copy as aforesaid within sixty days from the date of the decree,
judgment, decision or order, provided that this article shall not
affect the case of appeal by this act before specially provided
for ; and in the said appellate court the appeal, so carried up
shall stand for hearing and decision at the term next succeeding
the transmission of the proceedings, and the said court shall, at
the said term, or as soon as conveniently may be, either affirm
the decree, judgment, decision or order of the court below, or
direct in what manner it shall be changed or amended, and the
decision of such appellate court shall be final and conclusive ;
and when the decision of such appellate court shall be certified,
under the seal by the register or clerk of such court, and trans-
mitted to the orphans court, the said orphans court shall proceed
according to the tenor or directions thereof.
The appeal here granted is remodelled by 1818, ch. 204.
SEC. 19. An appeal from the orphans court shall not stay any
proceedings therein which may with propriety be carried on
before the appeal is decided, provided the said orphans court
can provide for conforming to the decision of the court above,
whether the said decision may eventually be for or against the
appellant.
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Orphans
court and
register of
wills.
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