242 Assembly Proceedings, Sept. 5-Oct. 3, 1704.

Lib. L. L.

No. 64.

may take the proof of any will whatsoever as aforesaid of any
person as aforesaid within the County as aforesaid and grant
Letters Testamentary upon the Same And likewise grant Ad-
ministration to any person or persons whatsoever that right
has to the Administration of any person deceased within the
County where he dwelleth as aforesaid But if any Contest or
dispute shall arise between any persons concerning the right
to Administrations or executorship the same shall be de-
cided by the Comissary Generall or Judge in Testamentary
Causes and not by such person appointed in each County as
aforesaid neither shall such person grant Administration or
take the probatt of such will till such time as such dispute or
difference shall be decided & determin'd by the proper Judge
thereof and Certificate from such Judge of the same And such
person so appointed as aforesaid shall and is hereby allowed
as a ffee for granting such letters of Administration as afore-
said Swearing the Administrators and appraisers as for the
probatt of any will and Swearing the Executor or Executrix
and letters Testamentary the sume of one hundred and fifty
pounds of Tobacco to be paid by such person or persons re-
quiring Administration or Letters Testamentary as aforesaid
unless the Estate be so small as the Inventary of such Estate
doth not amount unto tenn pounds Sterling there shall be
paid to such person so appointed for such letters of Adminis-
tration or Letters Testamentary as aforesaid the sume of fifty
pounds of Tobacco and no more and then and in every such
Case the Comissary Generall shall have no ffees.
And be it enacted by the Authority aforesaid by and with
the Advice and Consent aforesaid that all Guardians of Or-
phans that shall have any real Estates Lands with the Orphan
or Orphans to whom the same belong coffiitted to them other
than such whom the Testator in his life time by his last will
and Testament hath otherwise ordered and disposed off within
one month after taking upon him or her the Guardianship of
such orphan or orphans shall with one Comissioner of the
said County where the land lyeth and two other persons of
good repute and well Skilled in building and plantation
Affaires neither of them being akin indebted or otherwise
interested in either Orphan or guardian enter into the lands

p. 28

and plantation to such Orphan or Orphans belonging and
view the dwelling houses and Out houses Lands Orchards
and ffences that are upon the said plantation And then and
there the said two persons so qualifyed as aforesaid shall take
their corporall oaths upon the holy Evangelist by the said
Comissioner to be Administred that according to the best of
their Skill and Judgment they will make a Just Estimate
of the Annuall value of the said lands and plantation and