Acts, 339

Admrs that having no Salary therefore they should be negli-
gent or too Sparing of paines to Improve the Testators or
others Estates —

Be itt Enacted by the Authority Advice and Consent afd

C. P.

that where the Executor or Administrator can fairly make
appear to the Commissary Gen" that he hath had such Con-
siderable Toyle as afd and no benefit! hath Arisen to him
thereby to recompense his said Toil It may be Lawfull to and
for the said Comry Gen^ll to Allow such Exr or Administrator
something in the whole for such paines and desperate debts
att the Discretion of such Commissary Genl not Exceeding
five p Cent on any one Mans Estate.
But for such part of the Deced's Estate that shall remaine
(after all debts and Charges paid and Disbursed and Acct past
before the Commry Gen^ll to residuary Legatees or other
Legatees or next of Kindred and Delivered to them in Specie
without Traversing the Estate and Converting itt into Money
or Tob^o for that purpose there shall be no Salary allowed Any
Usage Custome or former Act of Assembly to the Contrary
notwithstanding.

Thirteenth — And further in regard by the Judges or Comry
Genl for probatt of wills and granting adminisrns his Comsn
there is a Saving to all persons their right of appeale from the
Sentence of the said Judge to the Chiefe Governr of this
province for the time being —
Be itt Enacted by the Authority afd by and with the Advice

p. 234

and Consent afd that all and Every person and persons Ap-
pealing from the Sentence of the said Judge shall within
fifteen days at the farthest after such Sentence Enter his
Appeale before the said Governr and within fifteen days more
Petition the Governr of this province for the time being to
Examine the Sentence of the said Judge or Appoint such
other person or persons as he shall think fitt to hear and
Determine the same whose sentence shall be finall without
other appeale or review. Provided nevertheless that in Case
the person or persons against whome such Sentence shall
pass shall Comply with the same then itt shall and may be
Lawfull for the Govern' or such Court of Delegates to grant
an appeale therefrom.
And be itt further Enacted by the Authority afd by and with
the Advice and Consent afd that the Comry Genl of this prov-
ince or other person or persons that shall from time to time
be Appointed as Judge or Judges in Testamenty Causes for
granting Adminisrns shall from time to time and att all times
dureing their Continuance in such Office Constitute ordaine
and Appoint some able and Sufficient person of good repute

p. 235