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Proceedings and Acts of the General Assembly, 1727-1729 With Appendix of Statutes, 1714-1726
Volume 36, Page 485   View pdf image (33K)
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Acts. 485


count of such Person or Persons Commitment and Imprisonment:
Any Thing in this Act to the contrary, notwithstanding.

Session
Laws

An Additional and Supplementary Act to the several Acts for the
Administration of Justice in Testamentary Affairs.

Whereas it is necessary, as well to explain several doubtful
Clauses in the Acts heretofore made for the Administration of
Justice in Testamentary Affairs, as to make Additions to supply
some Defects therein,
Be it therefore Enacted, by the Right Honourable the Lord Pro-
prietary, by and with the Advice and Consent of his Lordship's
Governour, and the Upper and Lower Houses of Assembly, and the
Authority of the same, That no Negroe, or other Slave, shall be
sold by any Executor or Administrator, or reserv'd for his or her
own Use, for the Payment of any Debt due or owing to any Execu-
tor or Administrator; nor shall any Negroe, or other Slave, be
taken in Execution for any Debt due from any Testator or Intes-
tate, so long as there shall be other Goods, which were of such Tes-
tator or Intestate, sufficient to satisfy such Execution; the Executor
or Administrator shewing such other Goods, which the Sheriff, or
other Officer is hereby required to demand.

Chap.
XXIV
[Explana-
tory act
1735- ch. 17]

And be it iurther Enacted, by the Authority, Advice, and Con-
sent aforesaid, That the Justices of the several County Courts, shall,
every Court, as well by giving the same in Charge to the Grand-
Juries, as by such other Ways and Means as the Truth may be best
discover'd, enquire whether any Executor or Administrator hath
received and not accounted for any Debts due to the Deceased, or
neglected or omitted to receive or recover any Debt or Debts so
due; and to call such Executors or Administrators before them :
And if, upon Examination and Hearing of such Executor or Ad-
ministrator, in his or her own Defence, it shall sufficiently appear,
that such Executor or Administrator hath received and not ac-
counted for, or neglected to receive or recover, any such Debt or
Debts, that the Justices shall order their Clerk to enter the Particu-
lars thereof on Record; which shall be allowed and received in Evi-
dence, in any Suit to be commenced by the Guardian, during the
Minority of the Orphan, or by the Orphan at full Age, or by any
Creditor against the Executor or Administrator, or by the Ward
against the Guardian.
And be it further Enacted, That the Commissary-General shall
be obliged to send Lists of the sperate and desperate Debts, to the
County Courts, in the same Manner as Ballances are already di-
rected to be transmitted, the better to enable the County Justices to
make the Enquiries required by this Act to be made.
And be it Enacted, That the Justices of Assize shall give it in
Charge to the respective Grand-Juries, to enquire whether the Jus-

p. 30



 
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Proceedings and Acts of the General Assembly, 1727-1729 With Appendix of Statutes, 1714-1726
Volume 36, Page 485   View pdf image (33K)
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