place of attendance.
LAWS of MARYLAND.
V. And be it
enacted, That the said register of wills shall be obliged to attend
on the Tuesdays and Saturdays in every week, at the city, town or place,
the county courts are held, unless prevented by sickness or other unavoidable
or necessity, for the dispatch of all business that may come before him
to the estates of persons deceased; and also shall be obliged to lodge
papers, and all records by him made up, in a repository in the court-house
of the county of which he is register, which said repository shall be provided
the justices of the county courts at the expence of their counties respectively.
|To take the
oath of allegiance,
| VI. And be it
enacted, That the register of wills in each county, before he
acts as such, shall take the oath of allegiance and fidelity to this state,
of the justices of the peace for the said county, and also an oath of office
following words: " I, A. B. make oath, on the holy evangels of Almighty
" that I will diligently and faithfully execute the office of register
" the county of _____ according to the best of my skill and judgment.
"me God;" and shall sign a declaration of his belief in the christian religion,
and also give bond, with two good and sufficient securities, in the penal
two thousand pounds currency, payable to this state, conditioned for the
performance of his said office of register of wills; which bond shall be
securities approved by the justice of peace before whom the oath is made,
aforesaid, and shall be by him returned, together with a certificate of
aforesaid having been taken, to the next orphans court to be held for said
and there entered upon record, and the original carefully kept by the presiding
judge of said court.
cause a seal to
be made, &c.
| VII. And be
it enacted, That the said justices, or any three or more of them,
shall cause a seal to be made for their several counties, and shall proceed
of summons, attachment and distress, to compel all persons to attend; and
decree or judgment passed, and copy thereof served on the defendant, shall
may proceed by process of attachment of execution on the said decree, or
against the person, goods, chattels, lands and tenements, of the defendant
defendants, to compel performance of said decree or judgment.
be directed to
| VIII. And be
it enacted, That where summons shall issue by order of said
court, the same shall be directed to the sheriff or coroner of the county,
case may require; and if two non ests be returned on such summons,
it shall and
may be lawful for the justices of said court, and they are hereby authorised
required, on application of the party or parties at whose instance such
issued, his, her or their agent or attorney, to order attachment against
chattels, lands and tenements, of such person or persons against whom two
have been returned, and shall cause the same goods, chattels, lands
or so much thereof as may be attached, to be put into the hands of sequestrators,
until the party or parties shall think proper to appear, either personally
or by attorney,
and give good security to abide the order of judgment of said court on
hearing the cause.
call a jury,
| IX. And be it
enacted, That where either of the parties concerned in interest
require the same, it shall and may be lawful for the said justices of the
courts, or any three or more of them, and they are hereby required, to
direct a plenary
proceeding by libel and answer on oath, and shall take depositions in writing,
and call a jury of twelve freeholders of said county to their assistance,
to the sheriff of the county, who shall summon and return a pannel of twenty
freeholders, who shall attend under the same penalty as for non-attendance
county courts, for the determination of all contested facts, in case the
either of them, require a jury to be called; and shall direct an issue
to be tried,
and shall have power to give a decree or judgment on the verdict or hearing
jury trial, and also award costs to the party, libellant or respondent,
in their opinion be entitled thereto.
|| X. Provided
always, and be it enacted, That nothing herein contained shall
deprive the parties, plaintiff or complainant, or either of them, of an