1798.

L A W S OF M A R Y L A N D.

CHAP.
CI.

" ftate, the adminiftration whereof cannot immediately be granted, but which, if fpeedy care be
" not taken, may be loft, deftroyed or diminifhed; to the end, therefore, that the fame may be
" preferved for thofe who fhall appear to have a legal right or intereft therein, we do hereby re-
" queft and authorise —— ——— , of —— , to fecure and collect the faid property, wherefoever
" the fame be in this ftate, (or in ——— county or counties,) whether it be goods, chattels, debts
" or credits, and to make or caufe to be made a true and perfect inventory thereof, and to ex-
" hibit the fame, with all convenient fpeed, together with a reafonable account of his collection,
" into the office of the register of wills for ——— county, Witnefs A. B. chief juftice of the
" orphans court for —— county. Teft. C. D. regifter of wills for ——— county."
16. But before letters to collect, fhall be granted, the party fhall give bond, with approved
fecurity, to be filed, recorded and fued as aforefaid, in fuch penalty as the court fhall direct,
and the condition thereof fhall be as follows: " The condition of the above obligation is fuch,
" that if the above bounden ——— —— fhall well and honeftly difcharge the office of collector
" of the goods, chattels, and perfonal eftate and debts of —— ——— , deceafed, in the ftate of
" Maryland, (or —— county,) and fhall make, or caufe to be made, a true and perfect inventory
" or inventories of fuch of the faid goods, chattels, perfonal eftate and debts, as fhall come to
" his or her poffeffion or knowledge, and the fame fhall in due time return to the regifter of wills
" of —— county, and fhall alfo deliver to the perfon or perfons who fhall be authorifed by the
" orphans court of the faid county to receive them, fuch of the faid goods, chattels, perfonal
" eftate and debts, as fhall come to his or her poffeffion, (except fuch as fhall be allowed for by
" the faid court,) then the above obligation is to be void, or is otherwife to remain in full force
" and virtue in law."
17. And every collector as aforefaid, fhall be required, on granting the faid letters, to take
the following oath, or affirmation, as the cafe may require: " I ——— ——— do fwear, or affirm,
" as the cafe may be, that I will, well and honeftly difcharge the office of collector of the goods,
" chattels, perfonal eftate and debts, of ——— —— , deceafed, according to the tenor of the let-
" ters granted to me by the orphans court of ——— county, and agreeably to the directions of
" law, to the beft of my knowledge; So help me God."
18. Every collector fo appointed fhall have power to collect the goods, chattels, perfonal
eftate and debts, according to the tenor of the faid letters, and to fecure the fame at fuch rea-
fonable and neceffary expence as fhall be allowed by the court; and the court may authorife him,
immediately after appraifement, to fell fuch as fhall be perifhable, or not to be preferved, and to
account for the fame; and for the whole trouble incurred by a collector, the court may allow a
commiffion on the amount of the property and debts actually collected, and afterwards delivered
to an executor or adminiftrator, as to the court fhall feem juft, not exceeding three per cent, or
the court may allow a commiffion on the whole inventory, not exceeding three per cent.
19. No collector as aforefaid fhall have power to bring fuit for debts, or to releafe the fame,
or to do any act further than is before mentioned.
20. On the granting of letters teftamentary or of adminiftration, the power of any fuch col-
lector fhall ceafe, and it fhall be his duty to deliver, on demand, all the property and money of
the deceafed in his hands, except as before excepted, to the perfon or perfons obtaining fuch
letters; and in cafe of the collector's evading fuch demand, or refining or neglecting to deliver
according to fuch demand, made at a reafonable time and place, either the court may proceed
againft him by attachment, and impose a fine not exceeding ten per cent, on the amount of pro-
perty in his hands, unless in the cafe of the minority of the executor or executrix, then and in
fuch letters of administration, during the minority of fuch executor or executrix, fhall be
granted, the age of eighteen years to be confidered as the age of majority for the purpofes of
this claufe; or his bond may by the executor or adminiftrator.

CHAP 4.

To whom let-
ters teftamenta-
ry may be

granted.

1. If any perifh, named as an executor or executrix in a will, fhall be, at the time when ad-
dminiftration ought to be granted, under the age of eighteen years, or of unfound mind, incapable

according to law of making a contract, or convict of any crime, rendering him or her infamous,
according to law, or if any perfon, named as an executor, fhall not be a citizen of the United
States, letters teftamentary, or of adminiftration, (as the cafe may require,) may be granted, in
the fame manner as if fuch perfon had not been named in the will.
2. No queftion refpecting infamy, citizenfhip, or competent age, fhall be determined by the
orphans court, without ing the perfons fo named in a will, and alleged to be infamous,
alien, or under age, provided he or fhe be within the ftate, or without giving fuch notice, by
advertifement, or otherwife, as the court fhall direct, (in cafe he or fhe be out of the ftate,) and
hearing, in cafe the party fhall attend agreeable to fummons or notice.
3. A tranfcript of the record of conviction fhall be evidence in the orphans court to prove
the party infamous.

4. When any perfon, fo named as executor in a will, fhall be alleged to be an alien, or not a
citizen of the United States, his citizenship fhall not be eftablifhed otherwife than by a certificate
under the teft of the office, or court, where the party became naturalised, or by competent tefti-
mony that the faid perfon is a natural born citizen of this ftate, or of fome of the United States.
5. Any inquifition of a jury, on a court iffued from chancery, finding the party an ideot, lunatic,
or non compros mentis, and confirmed by the chancellor, fhall be conclufive evidence of the unfound
mind of the party, and if fuch an infpection fhall not have been had, at the time when admini-

ftration ought to be granted, a writ may iffue by the chancery or orphans

court, on a petition to either of the faid courts, or any perfon interefted, and the ing of

the jury, that the party is an ideot, lunatic, or madman, or non compos mentis, thereon returned

not confirmed by the chancellor or the orphans court, as the cafe may be, fhall be conclufive
against the party; and a certificate from the in chancery, under feal, ftating the fubftance

of the proceedings, fhall be evidence in the orphans court, who may thereon proceed as if the

party had not been named in the will.

6. When a perfon named in a will as an executor or executrix fhall be alleged to be under the
age of eighteen years, it fhall be incumbent on the perfon making the allegation to eftablish the
fame by fuch proof as is actually required in fuch cafes.
7, And