Acts. 245

And be it further Enacted by the Authority aforesaid by and
with the Advice and Consent aforesaid that the Severall and
respective Deputy Comissarys which are and shall be in the
Severall and respective Countys within this Province shall and
are hereby sufficiently authorized and impowered to pass
audite and allow all such accounts as shall come before them
relating to dead mens Estates wherein they have granted let-
ters of Administration or Letters Testamentary not exceed-
ing fifty pounds Sterl. and to transmitt such Accounts within
two Months to the Comissary Generalls Office at Annapolis
under the penalty of two thousand pounds of Tobacco one
half to her Majesty for the Support of Government and the
other half to such party that shall pass such Account and to
transmitt the same to the Comissary Generall for which pas-
sing such Account the said Deputy Comissary shall be allowed
as a ffee the Sume of fifty pounds of Tobacco and no more
And if such Deputy Comissary as aforesaid shall exact de-
maud or receive of any person whatsoever more than is by
this law for executing such his Office allowed him he shall be
lyable to such pains aud penaltys as are included in a certain
Act for limitting Officers ffees in this province but in case it
shall so happen that any person or persons having any inter-

Lib. L. L.
No. 64.

est or claime in Such Estates shall make any objections to the
legality or Justice of any Article or Articles contained in the
said Accounts then the said Deputy Comissarys are forthwith
to mark such Articles and transmitt the Account with all
papers thereto belonging unto the Comissary Generall before
whom all partys are to appeare and defend their Interest.
And whereas many men have bequeath and devised or here-
after may bequeath or devise to their wives by their last Wills
a Considerable part of their personall Estate intending no
doubt but not expressing that such bequest or devise should
be in full of such wives part portion or third part of the Tes-
tators Estate and yet such wives widows and relicts have not
only claim'd such bequest and devise as legacys but have far-
ther claim'd their part of the remaining Estate of their de-
ceased husbands,
Be it further Enacted by the Authority aforesaid by and
with the advice and Consent aforesaid that in such Case where
the Testator bequeaths & devises a Considerable part of his
personall Estate to his wife and it appears not in any part of
his will or Codicill that he intended the said Devise as a legacy
to his wife only and that she might nevertheless have her
third part of his remaining estate that it shall be at the elec-
tion of such wife widow or relict within forty days inclusive to
make her Election before the Judge for probatt of wills or the
respective Deputy Commissarys in each respective County

p. 31