ART. 93.] TESTAMENTARY LAW. 625

tors not renouncing, by the said court, or in its recess by the
register, at any time within forty days from the date of the said
copy, on his or their executing a bond or bonds as aforesaid;
and in case of sickness of, or accident to, or reasonable excuse
made in behalf of any such executor, the said court or register
may allow a further time, not exceeding thirty days, for filing
such bond and taking such letters; but in no case shall letters
testamentary be granted in such county after the expiration of
such time allowed, or in any other county, except that wherein
the will was authenticated or proved; and it shall be the duty
of such executor to transmit to the court where the will was
authenticated or proved, a certificate under seal of the Register
of Wills of the county where-in letters testamentary shall have
been granted, to show that such letters have been granted.

43. If there be only one executor, and he shall have been pre-
sent at the authentication or probate of the will, and shall not
within thirty days thereafter file a bond as aforesaid, or procure
an attested copy under seal as aforesaid, for the purpose of
taking out letters in another county, letters of administration
with the copy of the will annexed may be granted by the
Orphans' Court of the county wherein was the probate or
authentication, to such person as they might be granted to in
case of intestacy; and if the said executor so procuring an
authenticated copy shall not obtain letters in some other county
within seventy days from the date of the copy, letters of admi-
nistration may be granted as aforesaid, by the Orphans' Court
of the county where the will was authenticated or proved; and
it shall not be incumbent on the party applying for or taking
such letters of administration to show that letters testamentary
have not been obtained in some other county upon the copy
aforesaid; but such letters of administration shall not be granted
if it shall be proved to the court, by affidavit or certificate under
the seal of office, or if they shall have reason to believe that such
letters testamentary have been granted in a county proper for
granting them.

44. In case the said executor shall not have been present
at the authentication or probate, but shall have been within
this State, a summons may issue against him either at the in-
stance of a person interested, or ex officio by the Orphans'
Court, or in their recess by the Register of Wills of the county
wherein the will was authenticated or proved, returnable not
less than twenty nor more than sixty days from, date; and
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