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Session
Laws
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she will accept of such Devise, or the Third Part of all her Hus-
band's Real Estate, of which she is endowable; and if she accept of
her Devise, she shall be for ever debarred of her Dower out of the
rest of the Testator's Real Estate; and if she accept of her Dower,
then such Acceptance shall be adjudged a full Recompence of her
Devise aforesaid: But in Case she shall neglect to make such Elec-
tion within the Time aforesaid, she shall then, by such Neglect, be
concluded by what is devised to her, and shall be thereby barred of
her Dower of such deceased's Real Estate, unless it shall appear to
be the Design of the Devisor, that such Widow shall have both De-
vise and Dower: Any Law, Statute, Usage, or Custom to the con-
trary, notwithstanding.
And be it Enacted, That where any Person being a Protestant,
who shall die and leave a Widow and Children, and such Widow
shall intermarry with a Papist, or be her self a Papist, that it shall
and may be lawful for the Justices of the County Courts, upon Ap-
plication, to remove such Child or Children out of the Custody of
their Mother, and place him, her, or them, where he, she, or they,
may be securely educated in the Protestant Religion; and to allow
the Interest of such Orphan's Estate, or such Part thereof, as may
be necessary for his, her, or their Support. And that the like Care
be taken, that all Children, whose Fathers died in, or professed
themselves to be of the Communion of the Church of England, be
educated and instructed in the Doctrine and Principles of that
Church.
Provided always, That any Person who shall think him or her-
self aggrieved by the Justices of the County Courts, in the Prem-
isses, may appeal to the Governour and Council, who may hear and
finally determine the same.
And be it further Enacted, by the Advice, Consent, and Author-
ity aforesaid, That the Commissary General shall be obliged to send
the Lists of the Names and Sirnames of Sureties, with their Places
of Abode, to the several County Courts, with the Accounts of Bal-
lances required to be transmitted, by the Act, Intituled, An Act for
the better Administration of Justice in Testamentary Affairs, grant-
ing Administrations, Recovery of Legacies, securing Filial Por-
tions, and Distribution of Intestates Estates.
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p. 33
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And be it further Enacted, by the Authority aforesaid, That
Executors or Administrators shall proceed in the Payment of Debts,
in the same Manner as they have been, and are obliged by the said
last mentioned Act, Intituled, An Act for the better Administration
of Justice in Testamentary Affairs, &c. without any other Prefer-
ence to Debts due to His Sacred Majesty, his Heirs or Successors,
or to the Lord Proprietary, his Heirs or Successors, than to such
Debts as are or shall be due to His Sacred Majesty, his Heirs or
i Successors, or to the Lord Proprietary, his Heirs or Successors, for
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