Assembly Proceedings, February — March 1638/9. 61

peachment untill such next heir or neerer heir make claim and
if such next or neerer heir make not clayme within ten years
after the death of the ancestor such neerest heir liveing within
the province Shall be admitted Tennant
And if their be no guardian or heir liveing within the
province to hold the land as aforesaid the Lord Proprietarie
shall or may enter upon the Land (if it be immediately held
from the Lord Proprietarie) or otherwise the Lord of whom
the Land is holden and hold the same untill some heir to the
partie deceased make clayme and then he shall be accomptable
to the heir as a guardian ought to bee and if no clayme be
made within three years then he shall hold it without account
to his own use and if no clayme be made within ten Years

Liber
C & W H

from such death of the ancestor the Land shall escheat to the
Lord of the fee
And where any next heir or neerest heir liveing within the
province is within the age of eighteen years and no will of the
ancestor hath appointed him a guardian the Judge of the
County Court wherein the land lyeth shall appoint a guardian
or Curator to the heirs person and Land either the Mother of
the heir (if she be a Widow and living within the province) or
otherwise the neerest of kinne to the heir liveing within the
Province to whom the Land is not immediately to descend
or if their be no such Mother or kindred residing within the
province then such person or persons as the said Judge shall
think fitt who shall hold the Land without wast or Impeach-
ment and shall be accomptable to the heir when he cometh to
live within the Province or to the age of 18 years for the
reasonable proffitts thereof with such allowance for his pains
as the Judge receiveing the accompt shall think fitt Provided
That no escheat of any Land by Vertue of this act be to the
Lord Proprietarie untill all lawfull demands upon the Land be
satisfied to Creditors recovering and any Creditor of the
deceased makeing such proof in Court of his demand as shall
satisfie the Court of the truth and Justness thereof and alleading
that there is not sufficient Distress of goods may be admitted
to enter upon the Land untill the debt be Satisfied according
to the Value of the land held as it Shall be appraised before
the Sherrif by two indifferent Neighbours upon oath This Act
to continue till the end of the next Generall Assembly

p. 31

An Act For assureing of Titles to Land

Be it Enacted By the Lord Proprietarie of this province oi
and with the advice and approbation of the freemen of the
same that the Register of every Court Shall keep a book oi

p. 32