Acts. 345

and if she Accepts of her dower then such Acceptance shall
be Adjudged a full recompence of her devise afd but in Case
she shall neglect to make such Election within the time afd she
shall then by such Election be Concluded to what is devised
to her and shall be thereby barred of her dower of such
Deceds Reall Estate Unless itt shall appear to be the designe
of the devisor that such widdow shall have both devise and
Dower Any Law Statute Usage or Custome to the Contrary
notwithstanding.

Provided always that if any Marryed woman shall have any

C. P.

Estate Settled upon her by Joynture or other Settlement be-
fore Marryage such Joynture or Settlement shall barr her of
her dower of her husbands Lands yet itt shall be Lawfull for
her to Accept what her husband shall by his Last will and
Testament Devise her. And whereas many Orphans have
greatly Suffered by the second Marryages of such widdows
who having Estates in possession by will or right of Admin-
isrn Either by such widdows while sole or their husbands
dureing the Coverture the same have been wasted and Im-
bezelled and if the woman dye the said husband refuses to
render an Acct of such Estate Alledging that he is neither Ex"
nor Adminisr to his wife nor of her former husband whereas att
Comon Law a woman Covert Exrx Can do no Act to preju-
dice her husband all such Acts dureing the same being Void
without his Consent he not preventing such waste when in his
power ought to Answer for the same —
Be itt therefore Enacted by the Authority afd by and with
the Advice and Consent afd that for Every such waste by such
second husband dureing the Coverture such husband shall
Account for the same and be Lyable to be sued together
with his wife if Living or by himselfe if she be dead (as well
as the security) for the said Estate due to such orphan by
such orphan if att age if under age by his Guardian and alsoe

p. 247

for all waste Comitted by his wife before Marryage or by him-
selfe afterwards and whereas Orphans of persons dying Intes-
tate by the good provision of this Law in Committing them
to the Care of the County Court to Inspect the good Condn of
their Securitys and good usage as afd are by Experience
found to be in better Condition in respect of both then the
Orphans of Testators whose Extrs hitherto have rarely given
any Security and that the security they have given many
times proves Insolvent —
Be itt therefore Enacted by the Authority afd by and with
the Advice and Consent afd that the Judge for probatt oi
wills shall hereafter take good and Sufficient Security of all
Extrs and Adminisrs to the Use of any orphan or orphans in

p. 248