AS an Explanation of and Addition to the Law title Wills; Whereas the Magistrates or Members of the respective Coun­ty Courts have alwayes had power to Receive and Record all Probates of Wills, and of Graunting Administrations, &c.

It is further Ordered by this Court and the Authority thereof, that each County Court within this Jurisdiction, shall have full po­wer and authority from time to time, as they shall see cause, to Sum­mon an Executor or Executors of any deceased Persons last Will and [...] Proved and on Record, to appear before the said [...] Require Him, Her or them to make and exhibit [...] the Court▪ a iust and true Inventory upon Oath [...] T [...]ments, Goods and Chattels of the [...] with sufficient Sureties for the paying of all [...] Deceased. And in case such Executor [Page 126] or Executors shall neglect or refuse so to do for the space of [...], days next after, or such further time that the said Court shall [...] limit and appoint; the Court shall proceed against [...] Imposing a fine or fines upon them, not exceeding [...] Moneth for every Moneths default after the expiration of [...] so appointed. Also upon the complaint of any Creditor [...], to call any Executor or Executors to render an Accompt [...] their Administration.

And it is further Ordered by this Court and [...] that the County Courts respectively shall have full power to [...] any Information or Complaint from any Legatary or Creditor [...] the Executor or Executors to the Will of any deceased [...] the detaining from Him, Her or Them any Legacy or [...] by the Testator, or Debt due from the Estate of such [...] to grant forth Summons or Process, together with a Copy [...] Complaint or Information annexed for the appearance of such Exe­cutor or Executors before said Court; the said Warrant with the Libel annexed, to be served fourteen dayes inclusively before the day appointed for Appearance: And it shall be in the power of the Court to Order the time of Hearing, at their first Sessions, or at any Ad­journment of said Court, as to them shall seem meet: and upon neglect or refusal of such Person or Persons to appear accordingly, the Court shall proceed to the Hearing of the Case, and make the [...] Judgment or Decree therein, and grant forth Execution for the fulfilling thereof; likewise to Hear and Determine all Cases [...] unto Wills and Administrations, and to grant forth Execution upon their Judgment given therein.

Alwayes provided, that where matter of Fact is controverted, then either Plaintiff or Defendant, desiring the same before Issue joyned, may have a Trial thereof by a Jury, to be forthwith Summoned by Warrant from said Court, if there be no Jury then Impannelled; the said party or parties making their whole Plea or Allegation as to all matters of Fact, at their first hearing and Answer, that Justice may not be delayed: allowing liberty for any party agrieved at the Judg­ment and Determination of the Court, or Verdict of the Jury, to Ap­peal to the next Court of Assistants, giving in their Reasons of Appeal as the Law directs in other Cases. And every Person before his Complaint be received and admitted, shall give Caution unto the Court to the value of ten pounds in Money to respond all such Charges and Fees as the Court shall award, any Law, Usage or Custome to the contrary notwithstanding; Provided this Law shall not be understood to debar any person or persons from Proceeding in the former and usu­al course of Law for the recovery of any Debt, or Legacy due from the Estate of any Deceased person, expresly determined by Will.

And the Law Intituled An Addition to the Law title WILLS, Made Octob. 14^th. 1685. is hereby Repealed.