CONSTITUTION — ART. IV — PART V.

425

delivered out of such office to any person or persons whomsoever;
and every issue of devisavit vel non sent from a court of equity shall
be tried in the county of the office aforesaid, at which trial said will
may be adduced in evidence under the care of said register, or of
any person in that behalf by him deputed, under a subpoena duces
tecum, issued on the special order of the court holding such trial;

proven, to be
retained by
register.

and, in like manner, such will may be produced in evidence on the
trial in any court of this State of any issue involving the said will,
and requiring its production, in the opinion of the said court; but the
said will shall not at any time be taken, or kept out of the care and
custody of the said register, or of the person deputed as aforesaid.

How produced
on issue of
devisavit vel non.

33. Every register of wills in this State shall receive, for safe
keeping, the will of any living person who resides in the city or
county for which such register is appointed, every such will being
first sealed up and indorsed with the name of the testator, its date,
and the date of its delivery to the register, and the name of the
executor or other person to whom it may be delivered at the death
of the testator; and such register shall receive for each will so de-

1864. c 157.
Register to re-
ceive ambu-
latory wills for
safe keeping

posited fifty cents, and shall immediately index it in an index to be
kept for that purpose, and there keep it in his office in a depository
to be kept for that purpose, until the death of the testator, unless

His fees.

delivered to such testator or to his order in his lifetime, upon a re-
ceipt therefor being given on said index.

Index.

ARTICLE L.

SETTLEMENT OF DECEDENTS' ESTATES
CONSTITUTION — ARTICLE IV — PART V.

ORPHANS' COURTS.
Three judges, term, jurisdiction, per diem, vacancy.

REGISTERS OF WILLS.
Election, term, vacancy

ORPHANS' COURT.

The qualified voters of the city of Baltimore, and of the several counties,
shall on the Tuesday next after the first Monday in November next, and on the

Three judges.

same day in every fourth year thereafter, elect three men to be judges of the
Orphans' Courts of said city and counties, respectively, who shall be citizens
of the State, and residents for the twelve months preceding in the city, or
county, for which they may be elected. They shall have all the powers now
vested in the Orphans' Courts of the State, subject to such changes as the
legislature may prescribe. Each of said judges shall be paid a per diem for
the time they are actually in session, to be regulated by law, and to be paid

Term, four
years
1852, c 20, 48, 62,
73, 169, 247, 290.
341, 1853, c 81,
147, 271, 333, 385

Jurisdiction.
Per diem.

by the said city, or counties respectively. In case of a vacancy in the office of

Vacancy.