Assembly Proceedings, February — March 1638/9. 65

payment be made of any debts with or without of the said
goods but the goods of the deceased shall be Sold at an out-
cry by the Sherrif and the said goods or the price thereof dis-
tributed equally among all Creditors recovering
And if upon the accompt of the administracon there remain
any goods of the deceased intestate (after funerall expences
debts and other charges defrayed) such remainder shall be
devided into two moieties whereof one moietie shall be allowed
to the widdow of the deceased intestate if there be any liveing
within the province and the other moietie to the child of the
deceased intestate or otherwise devided amongst the Children
(if there be more then one) by equall portions And if there
be no Child the whole remainder Shall be allowed to the wid-
dow and if there be no widdow the whole shall remain to the
Child or Children as afore
And if there be no child then the eldest brother or sister or
neerest of kindred to the deceased intestate (living within the
province) Shall succeed to the Childs moietie or otherwise to
the whole remainder if there be no widdow, And if there be
no widdow Child Brother Sister or kindred to the deceased in-
testate liveing within the province the said remainder Shall be
deposited in the Administ? hands to employ the same at his
discretion untill the widdow Child or Children brother sister or
kindred of the deceased intestate claime the same and if any

Liber
C & W H

one make claime within two years after the death of such intes-
tate the Administrator shall be accomptable to the Value of
the Stock deposited with such reasonable consideration for his
pains as the said Secretary or his deputie shall think fitt and
if no claime as aforesaid be made within the time afores'd such
remainder shall be employ'd upon such publique uses as the
Lord Proprietarie or his Lieutenant Generall with the advice
of the Councill shall think fitt And if the person haveing
right or makeing claime to succeed to the goods of any one
deceased intestate or in the nature of intestate be an orphan
that is within the age of fourteen Years the father of the
orphan or otherwise the Mother of the orphan (dureing her
widdowhood) Shall be appointed Guardian of the orphans
person or goods and if such orphan be above the age of four-
teen Years such orphan shall chuse his or her guardian till the
orphan attein to the age of eighteen years and the said partie
taken such charge his or her execut^rs and Administ^rs shall be
accomptable to such orphan when he or She cometh to the age
of eighteen years for the whole stock comeing to Such guar-
dians hands and entred upon the Record of the said Secretary
and in the mean time shall allow Yearly toward the orphans
education such convenient allowance as the said Secretary or
his Deputy Shall appoint This Act to Continue till the end
of the next Generall Assembly.

p. 37