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to be recorded, fued, and to be on a footing with an adminiftration bond, conditioned for ren-
dering a true account of the faid eftate or property, and of the profits thereof, and to deliver the
fame according to the court's order, deducting fuch allowance for lofs, and fuch commiffion, not
exceeding five per cent, on the whole, as the court fhall think proper to grant; and whenever the
purpofe for which the faid property was fequesftered fhall have been anfwered, the court fhall di-
rect the faid eftate or property, and profits, (deducting as aforefaid,) to be reftored to the party;
and on the death of the party, the court fhall order the fame to be delivered to his or her heirs,
devifes or legal reprefentatives, as foon as the faid purpofe fhall be anfwered, or immediately,
on application, and fatisfying the court of the party's right, in cafe the faid purpofe, after the
death of the original party, cannot be anfwered.
16. Whenever either of the parties having a conteft in the orphans court fhall require, the
faid court may direct a plenary proceeding, by bill or petition, to which there fhall be an anfwer,
on oath (or affirmation), and if the party refufe to anfwer on oath, (or affirmation, as the cafe
may require), to any matter alleged in the bill or petition, and proper for the court to decide
upon, the faid party may be attached, fined and committed, or his property may be attached and
fequestered, as aforefaid.
17. And on fuch plenary proceeding, all the depofitions fhall be taken in writing, and record-
ed; and in cafe either party fhall require, the court fhall direct an iffue or iffues to be made up,
and fent to any court of law which may be moft convenient, under all circumftances, for trying
the fame; and the faid iffue or iffues fhall be tried in the faid court of law as foon as may be,
without any continuance longer than is neceffary to procure the attendance of a witnefs or wit-
neffes; and the power of the court of law, and proceedings thereto relative, fhall be as herein
before directed refpecting the trial of iffues; and the orphans court fhall give judgment or decree
upon the bill and anfwer, or upon bill, anfwer, depofitions, or finding of the jury; and in all
cafes of conteft, the orphans court may award cofts to the party in their opinion entitled thereto,
and may compel payment, by attachment of the body, and fine, or attachment and fequeftration,
as aforefaid, of the property.
18. Any perfon who may conveive him or herfelf aggrieved by any judgment, decree, decifion
or order, of the orphans court, fhall have the liberty of appealing to the court of chancery, or
to the general court of the fhore whereon fuch orphans court is held; if the judgment, decree,
decifion or order, fhall have been given or made on a fummary proceeding, and on the teftimony
of witneffes, the party fhall not be allowed to appeal, unlefs he or fhe fhall immediately notify
his intention, and requeft that the teftimony be reduced to writing, and in fuch case the depofi-
tions fhall be, at the coft of the party to the firft inftance, reduced to writing; and a tranfcript
of the whole proceedings relating immediately to the matter, fhall be made out by the regifter of
wills, and certified by him under feal, and tranfmitted to the faid appellate ate court by the party
within thirty days from the date of the decifion or order , the faid party fhall otherwife lofe the
privilege of appeal; and, if the decifion of the orphans court be in a fummary way, and on pa-
pers filed in the court, no party fhall be entitled to appeal, unlefs he or fhe enter the appeal
within three days and transmit a certified copy of the proceedings as aforefaid within thirty
days aforefaid; but in cafe there fhall have been plenary proceedings as aforefaid, either party
may profecute the appeal, by entering the fame as aforefaid, and by tranfmitting a certified copy
as aforefaid within fixty days from the date of the decree, judgment, decifion or order, provided
that this article fhall not affect the cafe of appeal by this act before fpecially provided for; and
in the faid appellate court the appeal, fo carried up, fhall ftand for hearing and decifion at the
term next fucceeding the tranfmiffion of the proceedings, and the faid court fhall, at the faid
term, or as foon as conveniently may be, either affirm the decree, judgment, decifion or order
of the court below, or direct in what manner if fhall be changed or amended, and the decifion
of fuch appellate court fhall be final and conclufive; and when the decifion of fuch appellate
court fhall he certified under the feal by the regifter or clerk of fuch court, and tranfmitted to the
orphans court, the faid orphans court fhall proceed according to the tenor or directions thereof.
19. An appeal from the orphans court fhall not ftay any proceedings therein which may with
propriety be carried on before the appeal is decided, provided the faid orphans court can provide
for conforming to the decifion of the court above, whether the faid decifion may eventually be
for or againft the the appellant.
20. The faid orphans court fhall not, under pretext of incidental power, or conftructive au-
thority, exercise any jurifdiction whatever not exprefsly given by this act, or fome other law;
but every judgment, decree, decifion or order, of the faid court, may be enforced by attachment
and fequeftration as aforefaid; and if the faid judgment, decree, decifion or order, be for paying
money, the property fequeftrated may, at the difcretion of the court, be applied to the purpofe
for which fuch judgment, decree, decifion or order, was given.
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