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Proceedings and Acts of the General Assembly, April 26, 1715-August 10, 1716
Volume 30, Page 346   View pdf image
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346 Assembly Proceedings, April 26-June 3, 1715.

C. P.

any will mentioned and not Solely to their Own Use for the
true performance of such Last will and Testament according
to Law and the Intent of the Testator and shall Transmitt an
Acct of the Legacies Left to any Infant Orphans to the
County Courts to be by them secured in the same manner as
the ballances of Intestates Estates soe farr as shall be Conso-
nant to the will of the Testator and the Justices of the Sevll
County Courts shall att the same time that they Inquire by a
Jury of the good usage and Condition of the Security of other
orphans alsoe Enquire of these and if they find the security

p. 249

Like to be Insolvent or the Orphans ill used that then itt
shall and may be Lawfull for such Justices to Act therein as
they are by this Law Directed in the Case of Intestates
Estates always provided that nothing shall be done by Virtue
of this Act which shall seeme repugnant or Contradictory to
the last will or Testament of any person deceased. And for
the more Speedy Adminisrn of Justice to orphans Legatees
and others in the prerogative Court for probatt of wills and
granting Adminisrns within this province which hath hitherto
been often Delayed by Tedious Methods used in Chancery be-
fore the Judges Sentence in the said Court Could take Effect
the methods of England being att present not practicable
here —
Be itt therefore Enacted by the Authority afd that the pre-
rogative Court for probatt of wills within this province shall
have such like Authority in the Enforceing Obedience to the
process Orders Interlocutory Sentences and Decrees thereof
as the high Court of Chancery now hath or of right ought to
have and that Every person or persons that shall not after
Sentence given in the said Court agt him or them within
fifteen days after such sentence Enter his Appeale with the said

p. 250

Judge giving such Sentence and within fifteen days more pro-
cure an Examinacon thereof by a Court of Delegates nor in
the mean time Comply with the Sentence of the said Judge
itt being sent to them under the hand and Scale of the said
Judge nor give in security to performe the same and oath
made of the refusall thereof It shall and may be Lawfull to
and for the said Judge to Issue forth of the said Office
Under his hand and Scale an Attachmt against the bodys
goods or Chattells of the said persons soe refuseing and
him or them to Imprison or his or their goods Chat-
tells or Creditts to attach untill he or they Satisfie or Comply
with the said Sentence. And whereas orphans and Cred-
ittors are many times Injured by the Low Appraismts and
Undervalueing of the Estates of the Deceased, Therefore —

Be itt Enacted by the Authurity af'd by and with the Advice

and Consent afd that when any Exr or admr doth appraise the



 
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Proceedings and Acts of the General Assembly, April 26, 1715-August 10, 1716
Volume 30, Page 346   View pdf image
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