436

SETTLEMENT OF DECEDENTS' ESTATES. [ART. 50.

Md 356, 366, 22
Md 104, 347, 26
Md 53, 28 Md
12 25 227, 338,
408, 29 Md 539,
82 Md 482, 35
Md 280, 322 38
Md. 250, 40 Md
373

tried in the said court of law as soon as convenient, without any
continuance longer than may be necessary to procure the attend-
ance of witnesses; and the power of the court of law and the pro-
ceedings thereto relative, shall be as directed by law respecting the
trial of issues; and the Orphans' Court shall give judgment or de-

Judgment or
decree by
Orphans' Court

cree upon the bill and answer, or the bill, answer and depositions, or
finding of the jury, and may in all cases of contest award costs in
their discretion, and compel payment by attachment and fine, or by
attachment and sequestration.

Id s 251
1818, c 204, s 3
Orders on
motions in plen-
ary proceeding
to be reduced to
writing and
signed
40 Md 355.
Motion

26. In all cases of plenary proceedings, or caveat filed in any of
the Orphans' Courts of this State, where any motion or application
to the court shall be made in wilting, it shall be the duty of the
court to reduce to writing, and sign the order or decree that may be
made by them on such motion or application, and the said motion
or application to the court, and the order or decree thereon, shall be

Order and pro-
ceedings trans-
mitted to appel-
late court.

filed as a part of the proceedings, and in case of appeal from the
final decree of the Orphans' Court, be transmitted to the appellate
court with the other proceedings, and be subject to the judgment
and revision of such appellate court.

Id s 252
1788, c 101,
sub-c 15, s 20

Jurisdiction not
to be exceeded
12 Md 158, 22
Md 448, 27
Md 219, 225, 28
Md 219, 339, 356,
30 Md 556, 44
Md 112

27. The Orphans' Court shall not, under pretext of incidental
power or constructive authority, exercise any jurisdiction not ex-
pressly conferred by law; but every judgment, decree, decision, or
order of the said court may be enforced by attachment and seques-
tration, as aforesaid; and if the said judgment, decree, decision, or
order be for paying money, the property sequestered may, at the
discretion of the court, be applied to the purpose for which such
judgment, decree, decision, or order was given.

ARBITRATION AND AWARD.

Art 7, s 7
1798, c 101,
sub-c 8, a 12,
1841, c 178, s 1
Orphans' Courts
may arbitrate
or refer cases.
24 Md 492, 30
Md 351, 38 Md
37 i, 47 Md. 3SO

28, The several Orphans' Courts of this State shall have power,
with the consent of both parties, to be entered on their proceedings,
to arbitrate between a claimant and an executor or administrator, or
between an executor and a person against whom he has a claim, or
the dispute may by the parties be referred to any person or persons
approved by the Orphans' Court.

Id s 8.
1834 c 228, s 2
No award valid
until confirmed
after notice.
30 Md 553,
47 Md 390

29. No award made under an order of the Orphans' Court re-
turned to said court, shall be confirmed until after notice of the
award shall have been given to the parties to the reference or their
representatives, and any party may file exceptions, or show cause
against the award, upon any ground on the face of it or extrinsic
thereto, and the court may confirm or reject the same and remand
the case to the referees for a new award, or appoint new referees

Id s 9
1834, c 228, s 2
Court may make
rules respecting
notice, etc.

30. The Orphans' Court may make such rules respecting the
notice to be given in cases of awards and exceptions, and showing
cause and a hearing in the premises, as they deem reasonable.