196 Assembly Proceedings, August—September 1681.

Liber W. H.

force or heereafter to bee made, yo^r Lordshipps Two houses of
Assembly doe pray that itt may bee enacted, And bee itt
enacted by the Right Honourable the Lord Prop^ry of & with
the advice'& Assent of the vpper & Lower houses of this
p^rsent Gen^ll Assembly & the Authority of the same that the
Judge or Comissary Gen^ll for probate of Wills & granting
Admstracons shall hold his Court once in Two Months att the
Least or oftner as the Case shall Requier, Regard being had
to the distance of the Habitacons of the suitors in the said
Court, & the dispatch of fforreighners, who haue frequent occa-
sions to seeke Justice in the Court, for probate of Wills &
granting Admstracons, & before the Judge thereof, And for
as much as Certainety is the Mother of Repose, & that our
dependance vpon England obleigeth us to make all our Lawes
as neere as may bee Consonant to the Lawes of England, Bee
itt further enacted by the Authority advice & assent aforesaid
that the Judge for probate of Wills & granting Admstracons
within this province in all Causes Relateing to probate of
Wills and granting Admstracons shall proceed according to the
Lawes of England, now in force & heereafter to bee in force

p. 168

within Twelve Months after such Lawes shall bee published in
the Kingdome of England, If pleaded before him heere saue-
ing in such Cases as shall in this Act bee Limited or shall
heereafter bee Limited by Act of Assembly of this Province,
as utterly Impracticable in this Province. Provided always that
itt shall & may bee Lawfull for the Judge for probate of Wills
to proue any Last Will in this Province euen although itt Con-
cerne Title to Land any Law vseage or Custome of the King-
dome of England to the Contrary Notwithstanding, And to
the end that filiall porcons may bee secured to the Children of
all persons dyeing Intestate, & Legacys paid to Legatees of
persons who make Wills, Bee itt Likewise enacted ffirst that
the Judge for probate of Wills & granting Admstracons shall
Call all Executo^rs & Adm^rs to acco^t for the Estates of all per-
sons deceased, within Twelue Months next after Adfnstracon
Comitted, & if any Adm^r shall faile to giue an Acco^t within
the time aforesaid being Lawfully thereunto Cited, that then
the said Judge shall Revoake the ffirst Letters of Admstracon
to such Adm^r Comitted & shall grant Admstracon (de bonis
non Admstratis) to some other person as in his discretion hee
shall thinke fitt, which said Adm^r anew appointed shall giue
security as all other Adm^rs doe & shall sue & Implead the
former Adm^r before the Judge aforesaid, for an acco^t of the
estate of the Intestate & in Case itt shall appeare to the Judge
aforesaid that the former Adm^r hath wasted or Imbezelled the
estate of the Intestate then the said Judge shall Assigne the
bond entred into by the former Adm^r and his securitys vnto