968

LAWS OF MARYLAND.— 1838.

tate or interest therein devised to them jointly, if any one or
more of such trustees, shall, in writing, signed by him or
them, and attested by a witness, relinquish or disclaim such
trust, or refuse to act as a trustee under such will, and deli-
ver such writing to the register of wills having charge of the
said will to be recorded, the right of such trustee or trustees
so relinquishing, disclaiming or refusing to act, shall thereupon
cease and be forever determined; and the remaining trustee
or trustees, who shall assent to act, shall be as fully em-
powered and entitled to execute the trusts under such will,
and to make all deeds, and do all other acts necessary for
that purpose, as if the trustee or trustees so relinquishing, dis-
claiming, or refusing to act, had died, and the trustee or trus-
tees assenting to act had survived him or them ; and no such
relinquishrnent, disclaimer, or refusal to act, by any trus-
tee, shall be construed to release or injure his right or claim to
any devise, legacy or bequest, devised or bequeathed to him in
or by such will for his own use, unless such devise, legacy or
bequest, shall be expressly declared in the will to be as a com-
pensation for his services in acting as trustee.

CHAPTER 182,

AN ACT to reduce into one the several Acts relative to the times of holding
the Court of Appeals, and the several County Courts in this State, and
for other purposes.

Time of
holding
court of
appeals.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That the court of appeals shall be holden for the western shore,
at the city of Annapolis, on the second Monday in June and
first Monday in December in each and every year ; and that the
court of appeals shall be holden for the eastern shore, at the
town of Easton, on the first Monday in June and third Monday
in November in each and every year.

Judge resi-
ding in
second judi-
cial district
to attend
court for
eastern
shore, &c.

SEC. 2. Provided nevertheless, and be it enacted. That it shall
not be necessary for the judges of the court of appeals, or any of
them, except the judge of the said court resident of the second
judicial district, to attend the said court to be holden for the
eastern shore on the third Monday in November in each and
every year; and it shall be the duty of the judge of the said
court, resident of the said dirtrict, to attend the said court to be
holden as aforesaid in the month of November in each and every
year, who shall have power to make all necessary rules and
orders touching any suit, action, appeal, writ of error, process,
pleadings or proceedings, returned to the said court, or depend-
ing therein, preparatory to the hearing, trial, or decision of such
suit, action, appeal, writ of error, process, pleadings or proceed-
ings, and to call executions, or to enter them not called by con-
sent ; and at each and every such November sessions of the