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Session Laws, 1798
Volume 653, Page 81   View pdf image
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fcribed by the conftitution, and the oath of a judge or juftice preferred by the act of February,

feventeen hundred and feventy-feven, chapter five, and the oath of fidelity to the United States
prefcribed by act of congrefs; and any perfon named in fuch commiffion may adminifter the faid
oaths to, and take the declaration aforefaid of, any other named in the commiffion, but it fhall
not be neceffary for any perfon named in fuch commiffion, who has acted as a juftice under the
the next preceding commiffion, to qualify on opening the new commiffion.
8. The orphans court fhall be held in each county on the fecond Tuefday in every month of
February, April, June, Auguft, October and December, and oftener if need be, according to
its own adjournment; and any one of the juftices of the faid court, in the abfence of the others,
fhall have power to hold the faid court, at a ftated time of adjournment, only for the purpofe of
adjourning, any two of them fhall have full power to do any act which the faid court is or fhall
be authorifed by law to perform, and any two of them fhall have power to hold the court on
any day not named in an adjournment, on the application of any perfon having preffing bufinefs
in the faid court, provided notice thereof be given to all, and in fuch cafe the regifter fhall re-
cord, that fuch notice hath been given.

9. The regifter of wills in each county, already or hereafter to be appointed apreeably to the
conftitution, fhall diligently attend each meeting of the orphans court in his county, and under
their direction make full and fair entries of their proceedings, and hall alfo make a fair record
in a ftrong bound book or books, of all wills proved before him, or the faid court, or authenti-
cated according to this act, and of all other matters by law directed to be recorded in the faid
court, or in his office; he fhall make out and iffue every fummons, procefs or order of the court,
and fhall, in every refpect, act under their control and direction, as the clerk of a court of law
is under the direction of the faid court of law; and he fhall give out, and certify under the feal
of the court, any copy of any part of the proceedings in the court, or in his office, which any
perfon may demand; and he fhall be entitled to a reward for any fervice by him done, according
to the table of fees now or hereafter to be fettled by law.

10. The faid regifter of wills fhall attend on every Tuefday and Saturday at the town or place
where the orphans court is held, unlefs prevented by ficknefs, accident or neceffity, for the dif-
patch of office bufinefs; he fhall lodge every original paper and record by him made up in fome
repofitory of the court-houfe of the county, or in fuch other place of fafety which the faid court.
may appoint; the levy court of the county fhall provide and keep in repair the faid repofitory at
the county's charge.
11. Every perfon hereafter appointed regifter of wills, before he acts as fuch, fhall, before
the faid court, or fome judge or juftice, qualify, by repeating and fubfcribing the declaration
aforefaid, and taking, repeating and fubfcribing, the aforefaid oaths of allegiance and fidelity,
and by taking, repeating and fubfcribing, the following oath of office: "I, A. B, do fwear, (or
" folemnly, fincerely and truly affirm,) that I will diligently, honeftly and faithfully, execute
" the office of regifter of wills in ——— county, according to the beft of my fkill and judge-
" ment; So help me God."
12. The orphans court in each county fhall keep a feal for the faid court, and for the office of
regifter of wills; and each orphans court that hath not already a feal, fhall provide the fame at the
expence of the county, and the faid feal fhall be fixed to all certificates of the court, or of the re-
gifter, and to every procefs and writ of every kind iffued from the court. The orphans court fhall
full power, authority and jurifdiction to examine, hear and decree upon, all accounts, claims
and demands, existing between wards and their guardians, and between legatees, or perfons en-
titled to any diftributable part of an inteftate's eftate, and executors and adminiftrators, and may
enforce obedience to, and execution of, their decrees, in the fame ample manner as the court of
chancery may; and the court may, upon the application of an infant, or any perfon on his be-
half, fuggefting improper conduct in any guardian whatever, either in relation to the care and
management of the property or perfon of any infant, inquire into the fame, and at their difcre-
tion remove fuch guardian and make choice of another, who fhall give fecurity, and conduct
himfelf in the manner herein before prefcribed, and fhall receive the property and cuftody of the
faid ward.

13. The orphans court fhall, in all cafes, have power to iffue a fummons for any perfon con-
cerned in the affairs of a deceafed perfon, or for any witnefs or other perfon whole appearance
in the faid court, for any purpofe, fhall be deemed neceffary or proper, and the faid fummons
fhall be returnable, at the difcretion of the court, or as herein before directed; and if it be, ne-
ceffary or proper to enforce the appearance of the party, the court, on the return of "fum-
moned," and failure to appear, may iffue an attachment; and when the party fhall appear, or be
brought in thereon, may fine him or her, not exceeding thirty dollars; and if a witnefs before
the court fhall refufe to give evidence, the court may commit him or her to the cuftody of the
fheriff of his or her county, or coroner, (if the cafe may require,) there to remain until he give
evidence, or be difcharged according to law; or the court may attach and fequefter the party's
eftate, or a part thereof, as hereafter directed.
14. Every fheriff and coroner, (as the cafe may require,) fhall ferve any fummons or procefs
to him directed by the orphans court of his or any other county within the ftate, and fhall make
return thereof according to its tenor, and on failure, he fhall be liable to be proceeded againft,
by attachment and fine as aforefaid, or otherwife, as any other perfon may be proceeded againft
15. In any cafe where two fummonfes fhall be regularly returned non eft by the fheriff, or
other officer of the county where the party laft refided, and it fhall be neceffary to proceed fur-
ther to compel the party's attendance, the court may order and iffue an attachment againft his
or her lands, tenements, goods and chattels, and on return of fuch attachment, to which a
fchedule of the property, (if any,) attached fhall be annexed, the court, by order, or commiffion
under feal, may authorife fome perfon or perfons to take into his care and cuftody of the lands, te-

nements, goods and chattels, returned in the fchedule, or any part thereof, and receive the
profits thereof, to be accounted for, until the party fhall appear and obey the order of the court,

or until further order, and the fheriff, or other officer, fhall deliver the property accordingly, or
be liable to be proceeded againft as aforefaid; provided, that the perfon or perfons fo authorifed
fhall firft give bond to the ftate, with fuch fecurity, and in fuch penalty, as the court fhall direct,

C H A P.

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Session Laws, 1798
Volume 653, Page 81   View pdf image
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