1831,

LAWS OF MARYLAND.

CHAP. 315.

hands, and aay person conceiving him or herself interested

in such estate, or in the proceeds or sales thereof, shall be

entitled to, and hare on demand a copy of such bond, and a

certificate from the register, under his hand and the seal of

his office, upon which copy and certificate an action may

be maintained in the name of the state, for the use of the

Sort thereon au-
thorised.

party interested, and judgment may be recovered upon

such action for the damage actually sustained.

Case of apprehen-

Sec. 12. And be it enacted, That if any executor or ad-

ded concealment
property.

ministrator shall believe that any person hath concealed any

part of the personal property of a deceased person, upon

whose estate such executor or admmistrator may have ob-

Executor or
administrator may

tained letters testamentary, or of administration, and shall

file petition.

file a petition or bill of complaint in the orphans court of

the county, in which he may have received letters alledging

such concealment, it shall be the duty of such court to com-

pel the person against whom such allegation shall be made,

Orphans court
authorised to com-

to answer such petition or bill of complaint, in writing, un-

pel answer

der oath, and may attach and commit the party, in case he

or she shall refuse so to answer, and in case the said coui t

shall believe, upon an examination of the whole case, that

Commit for refusal

the party against whom such allegation shall be made, hath

concealed any part of the personal estate of the deceased,

the said court may order the delivery over of the same to

such executor or administrator, and may compel such de-

Compel delivery

livery over by attachment, sequestration of property, and

over.

the imprisonment of the party, if the said court shall think

proper, Provided, That in case either party, after a perfect

answer put in, shall require it, the court shall direct an issue

or issues to be made up, and sent to any court of law which

Appeal provided.

may be most convenient under all circumstances for trying

the same, and the said issue or issues shall be tried in the

said court of law in the same manner, and there shall be the

same proceedings had thereupon as is prescribed by the

act of seventeen hundred and ninety-eight, chapter one hun-

dred and one, in relation to other issue or issues sent from

the orphans court.

Case of alleged

Sec. 13. And be it enacted, That the provisions of the

concealment by
the executor or

aforegoing twelfth section of this act, be, and they are here-

administrator.

by extended to all cases where any creditor, or the widow,

or any next of kin, legatee, or devisee of the testator or

intestate, or where any other person interested in the es-

tate of the testator or intestate, shall, by petition or bill of

complaint as aforesaid, alledge that the executor or execu-

tors, or any of them, or administrator, or administrators, or

any of them, has concealed, or has in his or their hands,

and has omitted to return in and as part of the inventory of