Assembly Proceedings, June 29-July 22, 1699. 543

every such permitting & Suffering such Waste by such second
husband dureing the Coverture such husband shall Account
for the same and be lyable to be sued for the said Estate due
to the said Orphan by such Orphan if att age or if under Age
by his Guardians as well as the Security or together with his
wife if Liveing and if the Security be insolvent then by him-
selfe & also for all Waste Comitted by his wife before Mar-
riage if Sued dureing Coverture and Whereas Orphans of
persons dying intestate by the good Provisions of this Law in
Comitting them to the Care of the County Courts to inspect
the good Condition of their Securities and Good Usage as
aforesaid are by Experience found to be in better Condition in
respect of both then the Orphans of Testators whose Executors
hitherto rarely Given any Security and that the Security they

Lib. L. L.

have Given many times proved Insolvent Be it therefore
Enacted by the Authority aforesaid that the Iudge for probat
of Wills shall hereafter take good and Sufficient Security of
all Executors and Administrators to the use of any Orphan or
Orphans in any Will mentioned (and not Solely to theire own
use) for the true performance of Such Last Will and Testament
According to the Law and intent of the Testator and the Jus-
tices of the County Courts shall at the Same time that they by
Iury inquire of the Good usage and good Condition of the
Security or other Orphans shall also inquiry the Same of these
and if they find the Securitys like to be insolvent or the
Orphans ill used to Transmitt the Same to the Iudge for pro-
bat of Wills for the time being to be relieved According to
Law and the Testators Intent And for the more Speedy Ad-
ministracon of Justice to Orphans Legatees and others in his
Ma^tys Court of Probate of Wills and granting of Adm^tcons
which hath hitherto by the Tedious Methods used in Chancery
before the Judges Sentence in the said Court Can take Effect
the methods of England being att present not practicable
here. Be it therefore Enacted by the Authority aforesaid That
every person or persons that shall not after sentence Given in
the said Court against him or them within fifteen days after
such Sentence enter his Appeale with the said Judge from
such Sentence and within 15 days more procure an Examina-
tion thereof by a Court of Delegates nor in the mean time
Comply with the Sentence of the said Judge it being Sent to
them under the hand and Seale of the Said Judge nor give in

p. 312

Security to performe the Same and Oath made of the refusall
thereof It shall and may be Lawfull for the said Judge to issue
forth of the said Office under his hand and Seale an Attach-
ments against the bodys of such psons so Refuseing and him
or them to Imprison untill he or they satisfy and Comply with
the said Sentence or give in Good Security to do the Same

p.313