Acts. 241

make it appear to the Comissary Generall that he hath had
such Considerable toile as aforesaid and no benefitt hath
arisen to him thereby to recompence his said toyle It may be
lawfull to and for the Comissary generall to allow such Exec-
utor or Administrator something in the whole for such pains
and desperate Debts at the discretion of such Comissary

Lib. L. L.
No. 64.

Generall not exceeding five pounds sterling per Cent, on any
one Mans Estate.
But for such part of the deceasd's Estate that shall remaine
(after all Debts and Charges paid and disbursed and account
past before the Comissary Generall) to Residuary Legatees or
other Legatees or next of Kindred and delivered to them
in Specie without traversing the Estate and converting it into
mony or Tobacco for that purpose there shall be no Sallary al-
lowed any usage Custom or former Act of Assembly to the
contrary notwithstanding.
And further in regard by the Judges or Comissary Generall
for proving of wills and granting Administrators Comission
there is a saving to all persons their right of appeale from the
sentence of the said Judge to the Chief Governour of this
province for the time being.
Be it enacted by the Authority aforesaid by and with the
Advice and consent aforesaid that all and every person and
persons appealing from the Sentence of the said Judge shall
within fifteen days at the farthest after such sentence enter
his appeale before the said Governour and within fifteen days
more petition the Governour of this province for the time be-
ing to examine the Sentence of the said Judge or appoint
such other person or persons as he shall think fitt to hear and
determine the same whose sentence shall be finall without
other appeale repeale or review
Be it enacted by the Authority aforesaid by and with the
Advice and Consent aforesaid that the Comissary generall of
this province or other person that shall from time to time be
appointed as Judge or Judges in Testamentary Causes for
granting Administrations shall from time to time and at all
times during his or their Continuance in such Office Consti-
tute ordain and appoint some able and Sufficient person of
good repute and a freeholder in every respective County
within this Province to take the probatt of any last Will and
Testament of any persons either Nuncupative or in writing
even though the same be concerning titles of land and like-
wise the granting of any Administration of the goods and
Chattells of persons dying intestate in the respective County
or Countys where each person or persons so appointed shall
reside and inhabitt which said person in each respective
County of this Province so appointed as aforesaid shall and

16

p. 26
p. 27