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Hanson's Laws of Maryland 1763-1784
Volume 203, Page 183   View pdf image (33K)
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1777.                                 LAWS of MARYLAND.

                                            CHAP. IX.
A Supplementary ACT to an act, entitled, An act to establish
    orphans courts in the several counties of this state.

Preamble.     WHEREAS, by the said act, not less than three of the justices of the said
courts can call and adjourn the same, on the several days of meeting
in the said act specified; and as the extremity of weather, and other
casualties, have prevented, and may frequently prevent, that number of justices
from attending on the said days of meeting, by means whereof the business of said
courts hath been and may be much impeded:  For remedy whereof,
One justice
may adjourn
the court.
    II.  Be it enacted, by the general assembly of Maryland, That it shall and may
be lawful for any one or two of the justices of the said orphans court who may or
shall hereafter attend on any of the respective days established by the said act for
holding the said orphans court, or on any day to which such court shall have
been regularly adjourned, to call and adjourn the same from time to time,
until three or more of the said justices shall attend, who may proceed to the business
of the said court, according to the direction of the said act.


courts to have
the same
power as the

    III.  And, whereas the said court hath not any power or authority, by the said
act, to compel any person or persons concerned in testamentary affairs, or any witnesses,
whose residence is in any other county of this state, to appear before them,
and for the want of such power and authority the representatives of deceased persons
have been and may be much injured; Be it therefore enacted, That it shall
and may be lawful for the said courts respectively to call, or cause to be brought
before them by summons, attachment, or other process (as the case may require,
directed to the sheriff of the county where the party may reside) any person or
persons who may reside in any other county within this state, and who may have
administered or taken letters testamentary, or shall hereafter administer or take
such letters within their county, and also all witnesses necessary to establish the
truth of controverted facts, and in every respect the said courts shall have all the
power, jurisdiction and authority, within this state, to issue process against persons
administering or taking letters testamentary as aforesaid, and witnesses, that the
commissary-general hath heretofore had, used or practised.
Register of
wills to take
probates, &c.
    IV.  And be it enacted, That the register of wills, when required, shall, in the
recess of the said court, take all probates of wills, grant letters of administration,
and letters testamentary, also warrants to appraisers, in cases where there is no
dispute, and in every respect have the same power, jurisdiction and authority, that
the deputy commissary hath heretofore had, used or practised, any thing in the
said act to the contrary notwithstanding.


Judges to
meet on the
4th Tuesday
of Dec. inst.

    V.  And, whereas in several of the counties of this state, the judges of the orphans
courts have refused or neglected to act, whereby much inconvenience hath
arisen and may arise, unless remedied by an immediate provision, Be it therefore
, That it shall and may be lawful for the judges of the orphans courts
aforesaid, appointed or to be appointed in the several counties where they have
neglected or refused as aforesaid, to meet at the respective places of holding their
said courts, on the fourth Tuesday of December instant, and proceed to do business
as fully as if they had met at the time appointed in the act for establishing
orphans courts, any thing to the contrary notwithstanding.
                                            CHAP. X.
                    An ACT for the regulation of officers fees.

    To continue until the 1st of November, &c.  Expired.  An act under the same title passed at October
session, 1778.

                                            CHAP. XI.
An ACT to amend the law to punish forestalling and engrossing, and for other

    Expired with the principal act.

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Hanson's Laws of Maryland 1763-1784
Volume 203, Page 183   View pdf image (33K)
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