Acts. 247

possession by will or right of Administration either by such
widows while sole or their husbands during the Coverture
the same have been wasted and imbezelled and if the woman
dye the said husband refuses to render an Account of such
Estate alledging that he is neither Executor or Administrator
to his wife nor of her former husband Where as at Comon
law a woman Covert Executrix can do no Act to prejudice
her husband all such Act during the same being void without
his Consent, he not preventing such Wast when in his power
ought to answer for the same.

Lib. L. L.

No. 64.

Be it therefore Enacted by the Authority aforesaid by and
with the Advice and Consent aforesaid that for every such
Wast by such Second husband during the Coverture such
husband shall account for the same and be lyable to be sued
for the said Estate due to such Orphan by such orphan if at
age or if under age by his guardian as well as the Security
or together with his wife if living and if the Security be in-
solvent then by himself and also for all wast comitted by his
wife before Marriage if sued during the Coverture. And
whereas orphans of persons dying intestate by the Good pro-
vision of this law in committing them to the care of the
County Court to inspect the good Condition of their Secu-
ritys and good usage as aforesaid are by experience found to
be in better Condition in respect of both than the orphans
of Testators whose Executors hitherto have rarely given any
Security and that the Security they have Given many times
proves insolvent.
Be it therefore Enacted by the Authority aforesaid by and
with the Advice and Consent aforesaid that the Judge for
probatt of wills shall hereafter take good and Sufficient Secu-
rity of all Executors and Administrators to the use of any
orphan or orphans in any will mencond and not solely to their
own use for the true performance of such last will and Testa-
ment according to law and the intent of the Testator & the
Justices of the Svrall County Courts shall at the same
time that they by a Jury Enquire of the good usage and con-
dition of the Security of other orphans also enquire of these
& if they find the security like to be insolvent or the orphans
ill used to transmit the same to the Judge for Probat of Wills
for the time being to be releived according to Law & the
Testators intent and for the more Speedy Administration of
Justice to orphans Legatees & others in her Majestys Court
for probatt of wills and granting Administrations which hath
hitherto by tedious methods used in Chancery before the
Judges Sentence in the said Court can take effect the methods
of England being at present not practicable here been often
delayed.

p. 33