Assembly Proceedings, August—September 1681. 195

his Lopps Justices of the peace of the same County there to
Render a Sufficient excuse (if any hee have) for such his
Refuseall or not appeareance as aforesaid, & if such Justice of
the peace shall not find the excuse of such party in such Case,
to bee Reasonable & sufficient, then hee shall Imediately
Comitt such pson to the Custody of the Sherriffe of such
County, there to Remaine vntill hee shall find security to ap-pe
att the next Prov^ll Court to bee held for this Province, there to
bee proceeded ag^t according to due Course of Law, And if
there vpon hee shall bee Legally Convict by a Jury, of such his
obstinate Refuseall or disobedience as aforesaid, hee shall bee
fined & Imprisoned according to the discreccon of the Justices
of the Provinciall Court.
And for the Prevencon of the greate Charge of Annuall
Assemblys, who may meete for noe other occasions butt onely
to Lay the Publicke Leavy in time of peace Bee itt enacted by
the authority aforesaid that the L^tt Gen^ll & Councell from time
to time dureing the Intervall of Assemblys for the defraying &
paym^t of small Charges of this Province, bee & are heereby
Impowred to assesse the same equally to bee Leauied vpon

Liber W. H.

all the Inhabitants of this Province for defrayeing the said small
Charges in time of peace as aforesaid, any thing in this Act to
the Contrary in any wise notwithstanding, Provided allways &
itt is the true intent & meaneing of this Act that the said
sumes for the small Charges of this Province soe to bee
assessed by the Gouernor & Councell aforesaid, vpon the
Inhabitants of this Province as aforesaid exceed not in any one
yeare the sume of ffifty Thousand pounds of Tobacco this Act
to endure for Three yeares or to the end of the next Gen^ll
Assembly, which shall first happen.

An act for the better Admstracon of Justice
in probate of Wills, granting Admstracons
Recouery of Legacys & secureing filiall
porcons.

Whereas for the due Admstracon of Justice, itt is most
neccessary that there bee a setled succession from the dead to
the Liueing, & that the Wills of all persons dyeing (who in
theire Life times doe make theire Wills) may bee duely proved
& Letters of Admstracon of all persons dyeing without Wills,
may bee granted to such persons who haue the best Right to
succeed thereunto, that there may in that Case bee noe failer
of Justice, butt that itt may bee duely Admstred within this
Province & all Legacys speedily recouered & filiall porcons &
orphans Estates duely secured & easily obtained according
to the true intent of the Lawes heeretofore made now still in

p. 167