Assembly Proceedings, June 29-July 22,1699. 541

houses, outhouses Orchards and fences in repair and so by
him to be left allways haveing a reguard to leave a Proportion-
able part both for quality and quantity of the uncleared Land
for the benefitt and Advantage of the Orphans or heire when
att Age to possess the said Land or Plantation as also the
Orphans Maintenance out of the Same where Profitts or Per-
sonal Estates be not Sufficient to Maintaine him or them and
the Same to Certify under their hands & Seals Attested by
the Comissioner so administring the Oaths as aforesaid in the
County Court next ensuing after Such View so had and made
as aforesaid and there to remaine upon Record untill the Said
Orphan or heire Comes to age which Certificate so Entred
and remaining upon Record as af^d shall be Sufficient Evidence
in Law for the said Orphan or Orphans to recover Double

Lib. L. L.

Damage in any Action of Waste by them to be brought when
att age for any Waste Sale or Destruction Comitted or done
in any of the premisses other then what the persons have
Certifyed and thought Necessary with due respects had to all
Circumstances and Matters aforesaid And be it further Enacted
by the Authority aforesaid that the Comissioners of each
County Court within this Province by Virtue of this Act have
full power from time to time and att all times hereafter upon
presentment of the Orphan Iury or other information Given to
them of any Such Sale Waste or destruction made done or
Comitted upon any Orphans Reall Estate by any Such Guardian
by Legall Warrant to Cause the Said Guardian to Appear
before them in the County Court and if upon Examination
thereof the s^d Information be Sufficiently proved that the said
Guardian to Answer the Damages of Such Waste by him
Comitted Contrary to the Law when Orphans Corns to Age
that then the Said Comissioners do require the said Guardian
to give Sufficient Security to make Satisfaction to the said
Orphan or Orphans when att age as aforesaid and upon refu-
sall thereof as the Said Orphan or Orphans if att age to Choose
his her or their Guardians shall Elect and if not then such other
as the Comissioners shall think meet being Willing to take the
Same who shall Enjoy the said Land or Plantation Committing
no Waste and performing all Such Matters and things att his
Entry thereupon as is by this Act required untill Such Orphans
Corns to age and the Said person So Chosen or by the Justices
putt in possession as aforesaid shall in the name and to the
use of such Orphan bring his Action of Waste against the
former Guardian for the Damages by him Comitted and the
Comissioners of each respective County are hereby Obliged to
give the Same in Charge every June Court to the said Orphan
Jury under the Penalty of five hundred pounds of Tob-
bacco Each Justice one halfe thereof to his Maty Towards the

p. 309