244 Assembly Proceedings, Sept. 5-Oct. 3, 1 704.

Lib. L. L.
No. 64.

considered and allowed for as well as reparations & other
things in this Act mention'd.
It is hereby further enacted and declared that the said Quitt
Rents ought and are hereby declared and enjoyn'd to be
Considered deducted and allowed upon the yearly value or
the said land and the Guardian to pay the same.
And that any Guardian aforesaid that shall neglect after
such allowance made of the same in the value of the said
Land and hath not paid such Quitt rent as aforesaid shall for-
feit to the Orphan when at age fourfold the value of such
rents that he left in Arrears at the full age of such Orphan to
be recovered by accon of Debt bill plaint or information
wherein no Essoyn protection or wager of Law to be allowed.
And be it further Enacted by the Authority aforesaid by
and with the Advice and Consent aforesaid that the Comis-
sioners of each County Court within this province by vertue
of this Act shall have power from time to time and at all
times hereafter upon presentment of the Orphan Jury or
other information given to them of such Sale wast or destruc-
tion made done or cofnitted 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 said information be Sufficiently
proved that the said Guardian shall answer the Damage of
such Wast by him cofnitted contrary to the law when orphans
come to age that then the said Commissioners do require the
said Guardian to give Sufficient Security to make Satisfaction
to the said Orphan or Orphans when at age as aforesaid and
upon refusall thereof as the said Orphan or orphans (if at age
to choose his or their Guardian) shall elect and if not then

p. 30

such other as the Comissioners shall think meet being willing
to take the same who shall enjoy the said land or Plantation
comitting no Wast and performing all such Matters and
things at his entry thereupon as by this Act required untill the
said Orphan comes to age And the said person so Chosen or
by the Justices put in possession as aforesaid shall in the
name and to the use of such Orphan bring his Action of
Wast against the former guardian for the damages by him
Cofnitted and the Commissioners 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 sixteen
hundred pounds of Tobacco one half thereof to her Majesty
her heires and Successors for the Support of Government the
other half to him or them that shall sue for the same to be
recovered in the Provincial Court by bill plaint or information
wherein no Essoyn protection or wager of Law to be
allowed.