96 VOTES AND PROCEEDINGS, NOVEMBER SESSION, 1807.

tion was put, That the following be inserted after the third clause? " Provided nevertheless, that all acts done
by any executors or executrix, administrator or administratrixes, according to law, before any actual revocation
of such letters testamentary or of administration, shall be valid and effectual; and provided, that the administra-
tor or administrator, so to be appointed, shall thereby be authorised and empowered to prosecute any actions at
law or in equity, commenced by such executor or administrator, and to obtain judgment in his, her or their own
names, and likewise to defend any suit as aforesaid commenced against the said executor or administrator, and
the revocation of the letters testamentary or administration as aforesaid, shall not be construed to affect any

suit as aforesaid commenced against the executor or administrator, but the plaintiff or plaintiff's shall be allowed
to prosecute the same unto judgment, nor shall the granting of such letters testamentary or of administration
be construed to affect any suit brought by the executors or administrators, but the same shall be prosecuted unto
judgment, unless the administrator, administratrix or administrators, shall come into court, and pray that the
same be struck off or discontinued, and the administrator, administratrix or administrators, so to be appointed,
shall have the benefit of all judgments obtained by such executor or administrator, and shall be bound by all
judgments obtained against them. " Determined in the negative.

The question was then put, That the following clause be stricken out? "And be it enacted, That the said
several orphans courts may call upon any executor or administrator in whose hands there remains any property
of any deceased person, which by the laws of this state devolves on, or becomes the property of, the free
schools, colleges or other schools, or justices of the levy court of any county, to pay and deliver ever such pro-
perty to the register of wills of the said courts respectively; and the said registers shall, at least semi-annually,
account for the same, and deliver over to the said schools, colleges, and levy courts respectively entitled to re-
ceive the same, and the said registers shall be allowed a commission of —— per centum on all such property by
them severally received and accounted for as aforesaid. " Resolved in the affirmative.

The question was then put, That the following be inserted in lieu of the clause stricken out? " And be it
enacted, That the said several orphans courts be and they are hereby authorised and empowered to appoint a
guardian or guardians to an infant, who may acquire real or personal property by gift or by purchase, in the
same manner, with the same powers, and upon the same terms and conditions, that they may appoint a guardi-
an or guardians to an infant acquiring any such property by descent or devise, or in right of distribution. " Re-
solved in the affirmative.

The question was then put, That the following be inserted at the end of the bill, to wit: " And be it enacted,
That it shall not be lawful for any register of wills within this state to issue a citation against any executor, ad-
ministrator or guardian, unless directed by the orphans court of their county, or on the application of some
person interested in having the account of such executor, administrator or guardian settled up. " The yeas and
nays being required, appeared as follow:

AFFIRMATIVE.

O. Williams, Harryman, M. Brown, Mitchell, Porter, Forwood, Davis, Bayard. 9.
Merriken,

NEGATIVE.

W. H. Brown, Grahame, Seth, Hall, Sturgis, Jump. Tabbs, Linthicum,
Blakistone, Reynolds, Stevens, Callis, Dashiell, T. Dorsey, Gabby, Tomlinson,
Hopewell, C Dorsey, King, B Hodges, Biggs, Steuart, Carroll, Greenwell,
W. Moffitt, Green, Henry, J. E. Spencer, Streett, Bowles, Darne, Briscoe. 37.
S Welch, Rogerson, T. Moffit, Sudler, Holbrook,

So it was determined in the negative.

The question was then put, That the following clause be added to said bill? " And be it enacted, That here-
after no register of wills in the several counties of this state shall be entitled to receive any fee for entering the

appearance of the state to any proceedings in any of the orphans courts of this state, unless when a citation
issues, nor for entering the continuance of any proceedings in any of the said courts, except for the entering
the same at the time at which the said continuance was granted. " Resolved in the affirmative.

The question was then put, That the following be added to the said bill? viz. " And be it enacted. That they
the said registers of wills respectively, are authorised and required to endorse any account under fifty dollars,

Which may to them appear to be stated and authenticated agreeably to law, without bringing the same before
the orphans court for their consideration, for which they shall receive but eight cents. " Determined in the
negative.

The question was then put, That the following be added to the said bill? "And be it enacted, That the re-
gisters of wills for the several counties of this state respectively, shall be and they are hereby directed and re-
quired, from and after the passage of this act, to deposit and keep all the records, books and original papers,
belonging to their said office, in the town or place where the county courts of said county are held, under the
penalty of one thousand dollars. " Determined in the negative.

The bill being read throughout, the question was put, Shall the said bill pass? Resolved in the affirmative.

Mr. Mitchell, from the committee, delivers to the speaker a bill, entitled, An act to lay out and open a
straight road from Ferguson Smith's to Marley Mills, in Caecil county; which was read the first and second
time by especial order and passed.

The clerk of the senate delivers the resolution in favour of William Rose, and others, endorsed, " assented
to. " The bill to vacate a certain, certificate therein mentioned, the supplement to an act, entitled, An act au-