E. LOUIS LOWE, ESQUIRE, GOVERNOR.

1852.

point some person to represent the infant or infants, and
the said commissioner shall make report of his proceed-
ings to the Orphans' court, who upon such notice as to
it may be deemed reasonable, shall confirm, reject or
modify the same.

CHAP. 316.

SEC. 6. And be it enacted, That in all cases where
executors, administrators, guardians and masters shall

refuse or neglect to render a full and complete account
and return as aforesaid, after due notice given by the
register of wills of said county as hereinbefore provided
for, it shall be the duty of said commissioner upon the
application of any person interested in the estate of any
deceased persons, as well where such estate has been
finally closed, as where it has not been so closed, or upon
the application of any ward or apprentice to give ten days
notice to such executor or administrator, or to the guar-
dian of such ward or master, upon a day and at a time
in such notice mentioned, to appear before said commis-
sioner, and moke return and account according to the
provisions of this act, and in case such executor, ad-
ministrator, guardian or master shall refuse or neglect
to appear as aforesaid, and make such return, or render
such account, the said commissioner shall proceed as
is hereinbefore provided, in take and receive such testi-
mony as shall be adduced before him, by any person
interested as aforesaid so applying to him.

Upon refusal
of executor,
administra-
tor, guardian
or master to
appear, com-
missioner
shall proceed
to take and re-
ceive testimo-
ny.

SEC. 7. And be it enacted, That whenever it shall
appear from the evidence adduced before said commis-
sioner, or upon the representation of the Orphans' court

of said county, or a majority of the county commission-
ers or clerk of said county of Dorchester, or upon the
representation of any ward, apprentice or any heir,
legatee or distributee of any deceased person, that any
person or persons are or may be liable or chargeable as
principal or securities upon any testamentary, guardian
or other bond or bonds, as well such as appertain to the

offices of the register of wills, county commissioners,
and clerk of said county, as others in cases where
said bond or bonds have been lost or destroyed by the
burning of said Court House, it shall be the duty of said
commissioner to give at least, ten days notice, or such
other notice as he shall deem reasonable, as provided for
in the sixth section of this act, to the person or persons
so supposed to be liable or chargeable to appear before
said commissioner, and the said commissioner shall then
proceed in like manner as is heretofore provided for, in
regard to returns and accounts of executors and others,

Evidence in
regard to per-
sons liable as
principal or
security.

to take evidence touching said bond or bonds; Provid-
ed, that in all such cases the penally of any such bond
or bonds shall be presumed to be sufficient to meet
44

Proviso.