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otherwise be informed, of any Waste being done by any Guardian
upon any Orphan's Estate, to issue their Warrant to cause such
Guardian to appear before them; and if, upon the said Guardian's
Appearance before them, and being heard in his or her Defence, or
Refusal to appear, being summoned, such Information shall appear
to be true, the said Justices shall order the Sheriff with all possible
Speed, to summon a Jury upon the Place where the Waste shall be
committed, to enquire upon their Oath into the same, and of what
Damage such Waste shall be to such Orphan; which being returned
to the said Justices, they are hereby required to oblige the Guardian
to give Security for double the Damages that shall be assessed by
such Jury: And in Case of Refusal, to commit such Guardian to
Prison, there to remain until he or she will comply with their Order
therein.
And whereas some Doubts have arisen concerning the Rights of
Widows, to the Real and Personal Estates of their deceas'd Hus-
bands: For avoiding all such Doubts,
Be it Enacted, by the Authority aforesaid, by and with the Advice
and Consent aforesaid, That in such Case, where the Testator be-
queaths or devises a considerable Part of his Personal Estate to his
Wife; and it appears not in any Part of his Will or Codicil, that he
intended the said Devise as a Legacy only to his Wife; and that she
might nevertheless, have a Third Part of his remaining Estate, it
shall be at the Election of such Wife, Widow, or Relict, within
Forty Days after the Probat of such Will, to make her Election
before the Judge for Probat of Wills, or the respective Deputy-
Commissary in each respective County, whether she will be content
with such Devise, or will have her Thirds, and release the Devise ;
and if she make Choice to have what is so bequeathed or devised to
her, then, by that Choice, she shall be for ever barred from claiming
her Third Part aforesaid; and if she renounce what is so be-
queath'd and devised, she shall then have her Third Part afore-
said, and be barred of her Devise; but shall not claim or have both :
But in Case, such Widow shall neglect to make such Election within
the Time aforesaid, she shall then be concluded by what shall be
bequeathed to her by her Husband, and shall not have or claim any
more of his Personal Estate, than shall be so bequeathed.
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Session
Laws
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Provided always, That such Part of the Personal Estate or Es-
tates so bequeathed, shall be liable to pay the Debts of the deceased,
as other Part of the Estate is or ought to be; and if such Wife or
Relict have any Part of her Husband's Lands or Real Estate of In-
heritance devised to her by her Husband; and that it do not appear
by any Part of the Will, that he intended her such a Part of his
Real Estate aforesaid, and her Dower out of the rest of his Real
Estate besides, then it shall be lawful for such Widow, or Relict, to
make her Election as aforesaid, within the Time aforesaid, whether
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p. 32
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