438

SETTLEMENT OF DECEDENTS' ESTATES. [ART. 50.

Id s 259
1816, C 203, s 6
Way take pro-
bate of ac-
counts

37. He may take probate of accounts against deceased persons'
estates, that are proper to be brought before him, or before the Or-
phans' Court, for passage or settlement.

Id s 260
1802, c 101 s 4,
1854, c 86, s 1.
In recess of
conn may pass
accounts, and of
what amount
To keep a record

38. He may, in the recess of the Orphans' Court, pass any ac-
count against the estate of any deceased person, where the amount
of such account or claim doth not exceed the sum of fifty dollars;
and shall keep a record of every claim passed by him in the same
manner as of claims passed by the Orphans' Court.

of claims pissed.

Id 8. 261
1818, c 217, s 4,
1811, c. 116, s 1.
In recess of
court, may take
probate of will

39. He may, during the recess of the Orphans' Court, take the
probate of wills and giant letters testamentary or of administra-
tion

and grant letters

Id s 262
1771, c 25, s. 7,
182G. c 247, s 9
Fees for advice
forbidden.

40. He shall not demand, take, or receive from any person what-
soever, any fee, gratuity, gift, or reward, for giving his advice in any
matter or thing relative to his office, under the penalty of one hun-
dred dollars.

Id s 263
1786, c 10,
1868, c 404
Not to act as
attorney
Not to take fees

41. He shall not plead as an attorney in any court in the county
where he is register for any person, on any pretence whatsoever;
and shall not exact, extort, demand, take, accept, or receive from
any person whatsoever, any fee, gratuity, gift, or reward, for giving
his advice in any matter or thing that will be transacted in the courts
of the county where he is register, under the penalty of one hundred
dollars for each offence.

Id s 266
1804, c. 78,
When to act as
auditor

42. In all cases where a register of wills has been appointed
auditor for the purpose of ascertaining the sum for which judgment
shall be rendered against any executor or administrator, it shall he
his duty to act in virtue of such appointment, under the penalty of
fifty dollars for every such neglect; and in all cases where a person
other than the register of wills hath been appointed as aforesaid,
who shall refuse to act, the register of wills shall be appointed
auditor in the place of the person refusing, and shall forthwith pro-
ceed to discharge the duties thereof, under the penalty above men-
tioned. And the said register, and every other person who shall act

Fees

as auditor, shall be allowed for his trouble the same fee as the regis-
ter is by law entitled to receive for the stating an account of the
same number of sides which any statement by him to be made as
auditor shall contain, to be paid by the plaintiff to such auditor, and
to be allowed to such plaintiff in his costs against the executor or
administrator as other costs are taxed against them.

Id s 267
Const art 3, 45
1853, c 444, s 1
To pay over sur-
plus emolu-
ments

43. Every register, the emoluments of whose office shall exceed
the sum of three thousand dollars in the counties, and thirty-five
hundred dollars in the city of Baltimore, in any one year, after de-
ducting therefrom the necessary expenses incident to his office for
the same period, shall pay the excess to the treasurer.

Const art 3, 8 45,
and art 15, s 1.
1862. c 269
Registers to
make semi-
annual reports
of fees, etc, to
comptroller

44. Every register shall return to the comptroller, on the first
Monday of June and December in every year, a full and accurate
account of all his fees, emoluments, and receipts, and of all the
expenses incident to his office, and such account shall be rendered