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Proceedings and Acts of the General Assembly, September, 1704-April, 1706
Volume 26, Page 243   View pdf image (33K)
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Acts. 243


what Dwelling houses Outhouses & Orchards are upon the
same and what repair they are in What part of the said Land
the said Guardian may be farther permitted to clear upon the
said plantation as well to raise the yearly rent so valued as
aforesaid as also toward his yearly Charge in keeping the
said dwelling houses Out houses Orchards and ffences in
repair and So by him to be left Allways having a regard to
leave a proportionable part both for quality and quantity of
uncleared Land for the benefitt and advantage of the orphans
or heir when at age to possess the said Land or Plantation as
also the Orphans Maintenance out of the same where the
profitts of personall Estates be not sufficient to maintain him
or them and the Same to certify under their hands and Seals
attested by the Comissioner so administring the oaths as
aforesaid to the County Court next ensuing after such view
so had and made as aforesaid and there to remain upon
Record untill the said Orphan or heir come to age Which
Certificate so entred and remaining upon record as aforesaid
shall be sufficient evidence in law for the said Orphan or Or-
phans to recover double Damages in an Accon of Wast by
them to be brought when at age for any Wast Sale or
destruction comitted or done in any of the premisses other
than what the persons have Certifyed and thought necessary
with due respect had to all Circumstances and matters afore-
said.
And to the end as well the Guardian and Guardians afore-
said as the other persons mencond and appointed to Value
the land as aforesaid may not faile to do their duty.
Be it enacted by the Authority aforesaid by and with the
Advice and Consent aforesaid that every Guardian or Guar-

Lib. L. L.
No. 64.

dians of any Orphan or Orphans that shall for the future
neglect within one month after entring upon his or their
Guardianship aforesaid to do and performe what is by this
Act required shall forfeit the Sume of five thousand pounds
of Tobacco — And any two psons in the said County living
being thereunto demanded that shall effect or neglect what is
by this Act required of them to do & pform shall forfeit the
sume of five hundred pounds of tobacco each one half there-
of to our Sovereign Lady the Queen her heires and Suc-
cessors for the use of such orphans the other half to the
informer or him or them that will sue for the same to be
recovered in any Court of Record in this Province of all and
every such person that shall so as aforesaid refuse or neglect
to performe what is by this Act required.
And whereas it has been doubted whether in valuing or
estimating the said Orphans lands and plantations in this Act
mencond the Quitt rents to the Lord of the same are not to be

p. 29



 
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Proceedings and Acts of the General Assembly, September, 1704-April, 1706
Volume 26, Page 243   View pdf image (33K)
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