JAS. BLACK GROOME, ESQUIRE, GOVERNOR. 591
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were not entitled; and in any case in which letters
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testamentary, or of administration, have been or may
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hereafter be granted to any person, either as sole ex-
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ecutor or administrator, or as executor or adminis-
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trator to act in conjunction with another person, or
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with other persons, and such executor or administra-
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tor shall be desirous to retire from and resign such
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appointment, after he shall have accepted the same,
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Retire from
and resign
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said executor or administrator may exhibit his peti-
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tion exparte in the court by which said letters were
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granted, accompanied by a full and particular ac-
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count under oath of his or her receipts and disburse-
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ments, if any, as such executor or administrator, and
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the said court, upon the tiling of such petition and
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accounts, shall have jurisdiction in the premises, and
shall cause notice to be given by publication in one
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Notice to be
given
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or more papers of the city or county where such let-
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ters were granted, and for such time as the said court
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may deem proper, of the filing of said petition, and
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if no good cause shall be shown to the contrary, by
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the day that may be limited in that behalf in said
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notice, the said court shall release and discharge the
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said executor or administrator from the further per-
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formance of the duties of said appointment, and may-
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pass such order as to costs and commissions and im-
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pose such terms in other respects, as the nature of
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the case may require; provided that such executor or
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administrator and his sureties, shall not by such dis-
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charge be released from liability to any person in in-
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terest for past acts, defaults or omission of duty.
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SEC. 2. And be it enacted, That this act shall take
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In force.
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effect from the date of its passage.
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Approved April 11th, 1874.
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