476 RAND ALL v. HODGES.—3 BLAND.

and therefore, while so retained here, they cannot be taken from
the * Chancery office by a subpoena duces tecum from any
485 other Court. Winchester v. Fournier, 2 Ves. 449; Bex v.
Dixon, 3 Burr. 1687; Morris v. Creel, 2 Virg. Ca. 49; Harris v.
Bodenham, 1 Cond. Chaw. Rep. 143. (f) But the party to whom
they belong does not relinquish, nor can he be deprived of any
right to them merely by their being shewn or brought here as
evidence; and therefore they may, after the final determination,
be withdrawn at any time, on application, almost as of course on
leaving copies; as they do not properly form any part of the plead-
ings or judicial proceedings of the Court. Davers v. Davers, 2 P.
Will. 410; Hodson v. Warrington, 3 P. Will. 35; Owen v. Jones,
Anstr. 505: Maccubbin v. Matthews, 2 Bland, 251.

But, it is well established, that the account itself, Avhich has been
thus settled and recorded in an Orphans' Court, is not, in any
respect conclusive, either in favor of or against the executor or
administrator; and therefore, it is of the greatest importance to
himself, that he should be permitted to retain in his own hands all
his vouchers, as the muniments of his account, in case it should be
questioned elsewhere, or he should be called to a more rigid settle-
ment before another tribunal. Scott v. Dorsey, 1 H. & J. 231;
Spedden v. The State, 3 H. & J. 251; Gist v. Cockey, 7 H. & J. 139;
Owens v. Collinson, 3 G. & J. 37; Anderson v. Fox, 2 Hen. & Mun.
259.

I am therefore of opinion, that no sufficient cause has been
shewn why the papers asked for should not be produced; as they
cannot, in any sense, be considered as a part of those public
records, proceedings or documents properly belonging to the office
of register of wills, of which certified copies can be received as
evidence.

Whereupon it is ordered, that a peremptory subpoena duces tecum
issue returnable forthwith.

(f) COLEMORE v. CARROLL.—Bill, subpoena.—Upon proof of service last
Court, ordered attachment unless appearance.—Answer filed.

19th July, 1725.—Ordered, that all books, papers and vouchers in the
answer referred to be subjected to the order of this Court, and lodged with
the register for the complainant's perusal; and that he may take copies
thereof, if he thinks proper; and the originals to be returned to the defend-
ant within ten days after lodging them. Ordered, that James Carroll, the
defendant, pay Mr. Colemore's, the plaintiff's, charge for the copy of those
books he lodged, unless he shew cause to the contrary.—Chancery Proceed-
ings, lib. J. R. No. 1, fol. 98.

ABINGTON v. STODDART.—Bill and answer.

December, 1729.—Ordered, that the books and papers referred to in the
answer be produced this Court in order to be lodged with the register; which
were lodged accordingly.—Chancery Proceedings, lib. J. R. No. 2, fol, 9.