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Hanson's Laws of Maryland 1763-1784
Volume 203, Page 161   View pdf image (33K)
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1777.

CHAP.
  VIII.

Days and 
place of attendance.

                                    LAWS of MARYLAND.

    V.  And be it enacted, That the said register of wills shall be obliged to attend
on the Tuesdays and Saturdays in every week, at the city, town or place, where
the county courts are held, unless prevented by sickness or other unavoidable accident
or necessity, for the dispatch of all business that may come before him relative
to the estates of persons deceased; and also shall be obliged to lodge all original
papers, and all records by him made up, in a repository in the court-house
of the county of which he is register, which said repository shall be provided by
the justices of the county courts at the expence of their counties respectively.

To take the
oath of allegiance,
&c.
    VI.  And be it enacted, That the register of wills in each county, before he
acts as such, shall take the oath of allegiance and fidelity to this state, before one
of the justices of the peace for the said county, and also an oath of office in the
following words:  " I, A. B. make oath, on the holy evangels of Almighty God,
" that I will diligently and faithfully execute the office of register wills within
" the county of _____ according to the best of my skill and judgment.  So help
"me God;" and shall sign a declaration of his belief in the christian religion,
and also give bond, with two good and sufficient securities, in the penal sum of
two thousand pounds currency, payable to this state, conditioned for the faithful
performance of his said office of register of wills; which bond shall be taken and
securities approved by the justice of peace before whom the oath is made, as
aforesaid, and shall be by him returned, together with a certificate of the oath
aforesaid having been taken, to the next orphans court to be held for said county,
and there entered upon record, and the original carefully kept by the presiding
judge of said court.
Justices to
cause a seal to
be made, &c.
    VII.  And be it enacted, That the said justices, or any three or more of them,
shall cause a seal to be made for their several counties, and shall proceed by way
of summons, attachment and distress, to compel all persons to attend; and after
decree or judgment passed, and copy thereof served on the defendant, shall and
may proceed by process of attachment of execution on the said decree, or judgment
against the person, goods, chattels, lands and tenements, of the defendant or
defendants, to compel performance of said decree or judgment.
Summons to
be directed to
the sheriff,
&c.
    VIII.  And be it enacted, That where summons shall issue by order of said
court, the same shall be directed to the sheriff or coroner of the county, as the
case may require; and if two non ests be returned on such summons, it shall and
may be lawful for the justices of said court, and they are hereby authorised and
required, on application of the party or parties at whose instance such summons
issued, his, her or their agent or attorney, to order attachment against the goods,
chattels, lands and tenements, of such person or persons against whom two non ests
have been returned, and shall cause the same goods, chattels, lands and tenements,
or so much thereof as may be attached, to be put into the hands of sequestrators,
until the party or parties shall think proper to appear, either personally or by attorney,
and give good security to abide the order of judgment of said court on
hearing the cause.
Justices may
call a jury,
&c.
    IX.  And be it enacted, That where either of the parties concerned in interest
require the same, it shall and may be lawful for the said justices of the orphans
courts, or any three or more of them, and they are hereby required, to direct a plenary
proceeding by libel and answer on oath, and shall take depositions in writing,
and call a jury of twelve freeholders of said county to their assistance, by warrant
to the sheriff of the county, who shall summon and return a pannel of twenty
freeholders, who shall attend under the same penalty as for non-attendance on the
county courts, for the determination of all contested facts, in case the parties, or
either of them, require a jury to be called; and shall direct an issue to be tried,
and shall have power to give a decree or judgment on the verdict or hearing without
jury trial, and also award costs to the party, libellant or respondent, who shall
in their opinion be entitled thereto.
Proviso.     X.  Provided always, and be it enacted, That nothing herein contained shall
deprive the parties, plaintiff or complainant, or either of them, of an election in


 
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Hanson's Laws of Maryland 1763-1784
Volume 203, Page 161   View pdf image (33K)
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