Persons refusing to answer, to be proceeded against. Repealing clause. All attestations prop exhibit; and such examination shall be read at the trial on motion of either party. 38. Sec. II. If any person as above recited shall refuse to appear before commissioners appointed to take her or their examination, or appearing, shall refuse to answer such legal interrogatories as shall be annexed to said commission, and exhibited to her or them, it shall be lawful for either of said commissioners, or the party upon whose application the said commission was issued, to proceed in conformity to the laws now in force pointing out the mode of proceeding in cases of failure or refusal to attend, or answer interrogatories in other cases. Sec. III. All laws or parts of laws militating against the aboverecited act are hereby repealed. An Act, to amend an act, entitled an act, to regulate the admission of evidence, in certain cases, in the several Courts of law and equity in this State, and to provide for the recording of conveyances of personal property.-Approved Dec. 21, 1830. Pam. 121. 39. The certificate of any public officer, under his hand, and seal, erly official, of office, if one is attached thereto, either of this State, or any county are evidence, thereof, in relation to any matter or thing, pertaining to their respective offices, or which by presumption of law, properly pertains thereunto, shall be admitted as evidence, before any court of law, or equity provided the in this State: Provided nevertheless, That nothing in this act concounted for. tained, shall be so construed, as to prevent any court to require the production of the original to which said certificate may appertain, or that it may be accounted for.* original is ac ers, declared valid. All laws, and parts of laws, militating against this act are hereby repealed. An Act to make valid certain deeds, &c.-Approved Dec. 23, 1833. Sec. I. [Private.] Sales and 40. Sec. II. All sales made by the commissioners of the several deeds by Academy County Academies in this State, shall be held, deemed, declared and Commission considered valid, and that all deed or deeds, made and executed by a majority of said commissioners, conveying a title to any tract or tracts, parcel or parcels of land, by them sold to a bona fide purchaser, which said commissioners or their agents may have heretofore purchased at the sales of confiscated property, shall be held, deemed, declared and considered valid to all intents and purposes, and that the same shall be read in evidence in any court of law and equity in this State, any law, usage or custom, to the contrary notwithstanding. An Act to revive and continue in force "An Act to admit certain deeds to record, and to authorize the same, or copies thereof, to be read in evidence, and also the copies of certain other deeds, assented to the 23d of December, 1826."+-This act approved Dec. 20, 1834. Pam. 94. 41. From and after the passing of this act the act above recited be, and the same is hereby revived. 42. Sec. II. All deeds executed in the manner pointed out by the * Former act on this subject, Sec. 21. foregoing recited act between the limitation of the same and the pas- Unrecorded sage of this act, shall be on the same footing as those therein recited; deeds may be and that the aforesaid act, so revived, shall be and remain in full force Dec. 20, 1835. and virtue for twelve months from the passage of this act. Act of Congress of May 26, 1790. 1 Gray. Digest, 272. Sec. I. The acts of the legislatures of the several States shall be authenticated by having the seal of their respective States affixed thereto : The records and judicial proceedings of the courts of any State, shall be proved or admitted in any other court within the United Strtes. by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form. And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the State from whence the said records are, or shall be taken. Act of Congress of March 27, 1804. Sec. 2 Gray. Digest, 180. Sec. I. From and after the passage of this act, all records and exemplifications of office books, which are or may be kept in any public office of any State, not appertaining to a court, shall be proved or admitted in any other court or office in any other State, by the attestation of the keeper of the said records or books, and the seal of his office thereunto annexed, if there be a seal, together with a certificate of the presiding justice of the court of the county or district, as the case may be, in which such office is or may be kept; or of the governor, the secretary of state, the chancellor or the keeper of the great seal of the State, that the said attestation is in due form, and by the proper officer, and the said certificate, if given by the presiding justice of a court, shall be further authenticated by the clerk or prothonotary, of the said court, who shall certify under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or if the said certificate be given by the governor, the secretary of state, the chancellor or keeper of the great seal, it shall be under the great seal of the State in which the said certificate is made. And the same records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the State from whence the same are or shall be taken. recorded till EXECUTORS AND ADMINISTRATORS, COURTS OF OR- An Act to direct Executors and Administrators, in the manner and method of returning Inventories and Accounts of their Testators and Intestates' Estates, and for allowing them and all other persons who shall or may be intrusted with the care and management of Minors, and other estates, to charge commissions thereon.-Approved February 29, 1764. Vol. I. 213. Whereas, for preventing any fraudulent disposition or embezzlement of the estates of persons deceased, it is highly expedient that executors and administrators should be obliged to render true and perfect inventories and appraisements of the estates and effects of their testators and intestates come to their hands and possession: And whereas, it is also fit and reasonable, that, as well executors and administrators, as all guardians and trustees, shall have an allowance for their trouble and care in the management of the estates committed to their trust: Duty of executors and administra tors. of the deceased. To be ap praised within 60 days. * 1. Sec. I. Be it enacted, That from and after the passing of this act, all and every executor and administrator, who shall before the ordinary of this province, for the time being, or such person as he shall depute or appoint, qualify him, her, or themselves, for the administration of the estate and effects of his, her, or their testator or intesShall produce tate, shall, upon oath, be bound to produce and show to the appraisers all the goods that shall be appointed by the ordinary for that purpose, or any three or more of them, all and singular the goods and chattels of his, her, or their testator or intestate, as have or shall come into his, her, or their, or either of their hands, possession, or knowledge; and within sixty days after such his, her, or their qualification, shall cause to be made a true and just appraisement, upon oath, of all and singular the goods and chattels aforesaid, and exhibit, or cause to be exhibited the said appraisement, certified under the hands of any three or more of the appraisers aforesaid, within four months after such his, her, or their Inventory: qualification, together with a full and perfect inventory of all and sinmoney, debts, books of ac- gular the rights and credits of the said testator or intestate, whether count, the same be in ready money, judgments, bonds, or other specialties, or notes of hand, together with a list or schedule of the books of account of such testator, to which books all parties concerned shall, upon remade charge- quest, and at convenient times, have free access; and every such exevalue of the cutor and administrator shall be, and they are hereby made chargeable goods and with the real value of the goods and chattels in the said inventory condebts coltained, and with so much of the credits only as he, she, or they, after due care and proper diligence, shall recover and receive, in like manner as executors and administrators are made chargeable by the common and statute law of England. able with the lected. 2. [The oaths of executors and administrators are afterwards prescribed more concisely in the act of 1792, and this section is therefore omitted. The oath to be taken for the execution of a will, whether by an executor named therein, or by an administrator with the will annexed, will be found in Sec. 20; and the oath of administrators, where there is no will, in Sec. 22. It may, however, not be improper to call the attention of executors and administrators to the following passages containing a succinct outline of their duties; although they are not now to be sworn to the performance of them. "And that you will produce to, show, and inform the appraisers, that shall be appointed by the ordinary, all and singular the goods and chattels of the deceased as already have, or shall before the day of making the appraisement, come to your hands, possession, or knowledge." And directing them to make a true and perfect inventory, "whether the same be in ready money, judgments, bonds, or other specialties, or notes of hand, together with a list or schedule of the books of account of such testator and intestate person, and exhibit, or cause to be exhibited the said inventory and schedule, together with the appraisement of the said deceased's goods and chattels, certified under the hands of three or more of the appraisers aforesaid."] And whereas a custom hath prevailed among executors and administrators of taking estates, or some part thereof, at the appraisement, *The ordinary here mentioned was in the place of bishops or other ecclesiastical judges, [See Stat. 22 and 23, Ch. II. chap. 10,] who under the British government had cognizance of these matters, as well in this province as in England. Under the constitution of 1777 [Vol. I. 12.] this jurisdiction was given to the register of probates; and by the act of 1799 [See Sec. 31.] to the inferior court, who have since discharged the duties which in England appertain to the court of the ordinary. + Three months. See Sec. 17. when such appraisement hath often been under the real value; for prevention whereof for the future, to take es lue; but must 3. Sec. III. Be it enacted, &c. That no executor or administrator Not allowed shall hereafter be permitted to take any estate, or any part thereof, at tates at the the appraisement, and that no appraisement to be made as aforesaid appraised vashall be binding or conclusive, either upon the creditors, legatees, account for next of kin, or other person interested in such estate, or upon the the true vaexecutors or administrators, but all and every such executor and administrator shall be chargeable and accountable for the true value of such estate, any practice to the contrary notwithstanding. lue thereof. advertised 4. Sec. IV. All intended sales of goods and chattels, belonging to Sales to be testators or intestates, shall be published in two or more public places 40 days. in the parish [county] where such effects are to be sold, and in the gazette, at least forty days before the day of such intended sale † executors, unless ex 5. Sec. V. In case any person in the province shall hereafter hap- Debtors made pen by his will to appoint his debtor to be his executor, such appoint- not released ment shall not, in law or equity, be construed or deemed to be a release from debts or extinguishment of any debt due to the testator, unless the testator shall in his will expressly declare his intention to devise, bequeath, or will. release such debt, any law, usage, or custom to the contrary notwithstanding. 66 Pressly re in the to be sworn. 6. Sec. VI. No appraisers, that shall hereafter be appointed to ap- Appraisers praise any testator's or intestate's goods and chattels, shall enter upon that office before they shall have taken the following oath before one of his majesty's justices of the peace of this province, who is hereby empowered to administer the same: You, A. B. C. D. E. F. do Their oath. swear, that you will make a just and true appraisement of all and singular the goods and chattels (ready money only excepted,) of G. H. deceased, as shall be produced by I. K. the executor or administrator of the estate of the said G. H. deceased, and that you will return the same, certified under your hands, unto the said I. K. executor or administrator, within the time prescribed by law." Sec. VII. [Directing administrators to give bond-re-enacted, see Sec. 23.] may be grant in trust for creditors. 7. Sec. VIII. No letters of administration shall hereafter be granted Letters of adby the ordinary of this province to any person or persons whomsoever, ministration as principal creditor or creditors to any intestate, but upon special trust ed to a prinand confidence, and for the benefit of all and singular the rest of the cipal creditor creditors; and that all debts of an equal nature shall be discharged by the other such administrator or administrators in average and proportion, as far Debts of as the assets of the intestate shall extend, and that no preference shall equal degree be given amongst the creditors in equal degree; and that every such charged in administrator and administrators shall be obliged to sue for such debts vets which he or they may reasonably expect to recover, or at the request May sue, or and proper charges of any of the creditors of the intestate, assign and creditors to empower them, or any of them, to sue for the debts outstanding to the suc. estate of such intestate, any law, usage, or custom to the contrary notwithstanding. And, that no creditor or creditors, to be appointed administrator or administrators in trust, as hereinbefore mentioned, may retain, in his or their hands, the moneys he or they shall receive by virtue of such administration, longer than necessary. 8. Sec. IX. Be it enacted, that every such administrator or admin far as assets. authorize the estates to be 12 months. Second di vision to be made in two years. Intestates' istrators, shall within twelve months after the death of his or their indistributed in testate, or after his or their obtaining administration thereon, make a dividend of the moneys arising from such intestate's estate and effects, to and among the several creditors in like proportion as aforementioned: and in case such estate and effects shall not then be wholly divided, a second dividend thereof shall be made within two years from the death of the intestate, which second dividend shall be final, unless any suit shall be then depending, or any part of the intesAfter assets, tate's estate standing out, or unless some future estate of the intestate after they are shall afterwards come to the hands of such administrator or administrators, in which case he or they shall, as soon as may be, convert such future estate into money, and shall within three months after, divide the same, to which effect it shall be inserted in the condition of the bond to be given as afore-mentioned, on obtaining letters of administration.* in 3 months got in. Executors trators neg their own wrong. 9. Sec. X. Every executor and administrator who shall not within and ad- the time aforesaid, or within such further or other reasonable time as lecting their the ordinary shall think fit to give, make and return into the secreduty, made executors in tary's officet aforesaid such inventory and appraisement as is hereinbefore directed to be made and returned, and who shall make default in mentioning or inserting therein all or any of the credits or effects of his, her, or their testator, or intestate as aforesaid, which shall come into their hands to be administered, every such executor or administrator shall be, and they, and each of them, are hereby made chargeable with and subject to the payment of all and singular the said testator's and intestate's debts, legacies, and bequests, in the same manner as executors of their own wrong are subjected and made chargeable by the common or statute law of England. of executors, &c. half per cent. two and a on money paid away. on the am't of interest Commissions 10. Sec. XI. It shall and may be lawful to and for all and every executor and administrator, guardian and trustee, for his, her, and their Two and a care, trouble and attendance, in the execution of their or either of on money re- their several duties and trusts, to take, receive, or retain, in his or ceived, and their hands, a sum not exceeding fifty shillings for every hundred half per cent. pounds which he, she, or they, shall hereafter receive, except on the appraised value of any estate that shall come into their hands; and the like sum of fifty shillings for every hundred pounds which he, she, or Exceptions. they, shall pay away in debts, legacies, or otherwise, (excepting also the delivering up any such estate to the person or persons entitled to the same, during the course and continuation of their, or either of their Ten per cent. management or administration,) and so in proportion for any sum less than one hundred pounds; Provided nevertheless, that no executors or made on mo- administrators, guardian or trustee, shall, where they have power so to do, for his, her, or their trouble, in letting out and lending any sum or sums of money upon interest, and again receiving the moneys so lent and let out, be entitled to receive, take, or retain, any sum exceeding the sum of twenty shillings for every ten pounds for all sums arising by moneys lent to interest, so to be by them received, and in like proportion for a larger or lesser sum: and provided also, that no executor, administrator, guardian, or trustee, who is or may be creditors of any testator or intestate, or to whom is or may be left or bequeathed any sum or sums of money, or other estate or effects, shall be entitled to any reward or commissions for the payment or retaining to themselves any such debts or legacies, any law, usage, or custom, to the contrary notwithstanding. ney loaned. Proviso. * May be compelled by the Court of Ordinary to make distribution. Sec. 69. t Office of the clerk of the Court of Ordinary. |