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RANDALL v. HODGES. 485
Chancery office by a subpaena duces tecum from any other court, (w)
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final determination, be withdrawn at any time, on application,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 pleadings or judicial proceedings of the
court, (x)
But it is well established, that the account itself, which has been
thus settled and recorded in an Orphans Court, is not, in any
respect conclusive, either in favour 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, (y)
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 re-
cords, 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 subpaena duces tecum
issue returnable forthwith.
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(w) Winchester v. Fournier, 2 Ves. 449; Rex v. Dixon, 3 Burr, 1687; Morris v.
Creel, 2 Virg. Ca. 49; Harris v. Bodenham, 1 Cond. Chan. Rep. 143.
COLEMORE v. CARROLL. —Bill, subpaena. —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 re-
ferred 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 defendant 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 Proceedings, 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.
(x) Davers v. Davers, 2 P. Will. 410; Hodson v.. Warrington, 8 P, Will. 35;
Owen v. Jones, Anstr. 505; Maccubbin v. Matthews, 2 Bland, 251. —(y) Scott v.
Dorsey, 1 H. & J. 231; Spedden v. The State, 3 H. & J. 251; Gist v. Cockey, T H.
& J. 139; Owens 9. Collinson, 3 G. & J. 37; Anderson v. Fox, 2 Hen. & Mun. 259.
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