| 1777.
CHAP.
VIII.
Days and
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,
where
the county courts are held, unless prevented by sickness or other unavoidable
accident
or necessity, for the dispatch of all business that may come before him
relative
to the estates of persons deceased; and also shall be obliged to lodge
all original
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
by
the justices of the county courts at the expence of their counties respectively. |
To take the
oath of allegiance,
&c. |
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,
before one
of the justices of the peace for the said county, and also an oath of office
in the
following words: " I, A. B. make oath, on the holy evangels of Almighty
God,
" that I will diligently and faithfully execute the office of register
wills within
" the county of _____ according to the best of my skill and judgment.
So help
"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
sum of
two thousand pounds currency, payable to this state, conditioned for the
faithful
performance of his said office of register of wills; which bond shall be
taken and
securities approved by the justice of peace before whom the oath is made,
as
aforesaid, and shall be by him returned, together with a certificate of
the oath
aforesaid having been taken, to the next orphans court to be held for said
county,
and there entered upon record, and the original carefully kept by the presiding
judge of said court. |
Justices to
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
by way
of summons, attachment and distress, to compel all persons to attend; and
after
decree or judgment passed, and copy thereof served on the defendant, shall
and
may proceed by process of attachment of execution on the said decree, or
judgment
against the person, goods, chattels, lands and tenements, of the defendant
or
defendants, to compel performance of said decree or judgment. |
Summons to
be directed to
the sheriff,
&c. |
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,
as the
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
and
required, on application of the party or parties at whose instance such
summons
issued, his, her or their agent or attorney, to order attachment against
the goods,
chattels, lands and tenements, of such person or persons against whom two
non ests
have been returned, and shall cause the same goods, chattels, lands
and tenements,
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. |
Justices may
call a jury,
&c. |
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
orphans
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,
by warrant
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
on the
county courts, for the determination of all contested facts, in case the
parties, or
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
without
jury trial, and also award costs to the party, libellant or respondent,
who shall
in their opinion be entitled thereto. |
| Proviso. |
X. Provided
always, and be it enacted, That nothing herein contained shall
deprive the parties, plaintiff or complainant, or either of them, of an
election in |
|
 |
