486 Assembly Proceedings, July 10-August 8, 1729.

Session
Laws

tices of the County Courts duly execute what is required of them,
by this and other Acts relating to Testamentary Affairs, &c.
And be it further Enacted, When, and as often as the Justices of
the County Courts shall find it necessary to oblige any Guardian, or
other Person in Possession of any Orphan's Estate, to give new or
better Security for such Estate; that in Case of Refusal to comply
with their Order therein, it shall and may be lawful for the said
Justices, and they are hereby required, immediately to remove the
Person and Estate of such Orphan into other Hands. And in case
the Guardian, or other Person as aforesaid, shall not obey such
order of Removal, that then, and in such Cases, the said Justices
shall and may issue Attachment or other Process against such
Guardian or other Person, to answer his or her Contempt; and to
commit him or her to Prison, there to remain until the Order of the
said Justices shall be fully comply'd with. And that when, and as
often as it shall appear to the Justices of the County Courts, that
the Guardians of Orphans, and Sureties for their Estates, are Insol-
vent; and that no Persons will undertake the Guardianship of such
Orphans, and give Security for their Estates, it shall and may be
lawful for the said Justices, and they are hereby impower'd and re-
quired, to take the said Estates into their own Hands, to sell and
dispose thereof, (except Negroes and Plate,) for the best Price they
can: And also to dispose of the Money and Tobacco arising by
such Sale, and the Negroes and Plate to the Orphan's best Advan-
tage, and to take good Security for the same; and also to demise
any Lands or Tenements that shall belong to any such Orphan.

p. 31

And whereas several Persons not being Guardians, have got into
the Possession of Lands belonging to Orphans, and demised or oc-
cupy 'd the same, and received the Profits thereof; Be it enacted,
That it shall not be lawful for any Person whatsoever, not being
Guardian, or not having License from a Guardian, to enter into,
possess, or occupy any Lands or Tenements belonging to any Or-
phan or Orphans, without first applying to the County Court, and
obtaining Leave from them, for such Rents as they shall think just
and reasonable to be paid to such Orphan or Orphans, on Pain of
being Trespassers, and paying treble Damages and full Cost to such
Orphan or Orphans, to be recovered by the Guardian, during the
Orphan's Minority, or by the Orphan, when at full Age.
And be it likewise Enacted and Declared, That Guardians ought
to render an Account to their Wards, of the Surplus of the Profits
of their Real Estates, beyond what shall be necessarily expended in
the Maintenance and Education of such Ward; and to secure the
same, as this Act directs other Parts of Orphans Estates to be se-
cured.
And be it further Enacted, That when, and as often as any
County Court, shall, by the Presentment of any Grand-Jury, or