ART. 93.] ADMINISTRATION BY AN EXECUTOR. 1329

istration shall not be granted if it shall be proved to the court,
by affidavit or certificate under the seal of office, or if they shall
have reason to believe that such letters testamentary have been
granted in a county proper for granting them.
Georgetown College v. Browne, 34 Md. 450.

P. G. L,, (1860,) art. 93, sec. 44. 1798, ch. 101, sub-ch. 3, sec. 4.

44. In case the said executor shall not have been present at
the authentication or probate, but shall have been within this
State, a summons may issue against him, either at the instance of
a person interested, or ex officio by the orphans' court, or in their
recess by the register of wills of the county wherein the will was
authenticated or proved, returnable not less than twenty nor more
than sixty days from date; and if the summons shall be returned
"summoned," and the executor shall not appear accordingly, or
appearing, shall not within twenty days thereafter file a bond as
aforesaid, or if two such summonses shall be returned "non est"
and the party shall not appear according to the tenor of the
second summons, or appearing, shall not within twenty days
thereafter file a bond as aforesaid, letters of administration may
be granted as aforesaid; provided, nevertheless, that in case of
sickness of, or accident to such executor, or reasonable excuse
made in his behalf, the court may at discretion allow a further
time, not exceeding forty days after such return or appearance,
for filing such bond.

Ibid.

Ibid. sec. 45. 1798, ch. 101, sub-ch. 3, sec. 5.

45. If the sole executor be out of the State at the time of
authentication or probate, and shall not within six months there-
after return and file a bond as aforesaid, letters of administration
may be granted as aforesaid; but in case the said executor be
out of the State, and shall return at any time before the expir-
ation of the said six months, there may be a summons and the
same proceedings thereon as if he had been in the State at the
time of the authentication or probate; and upon the said pro-
ceedings letters of administration may be granted before the
expiration of six months. But it shall not be held necessary to
proceed by summons as aforesaid, in case the party be as afore-
said out of the State at the time of the authentication or probate,
84