Acts. 219

Satisfy and pay them their respective Claims against the deceased
being due from him as Appeares by bills bonds or other Instruments
for the payment whereof he Obliged as Well his heirs Executors and
Administrators as himselfe and for that the said Robert Smith
Esquire dyed possessed of great Quantities of land in this province
which Can in no Wise be Serviceable to his heir at Law they not
being anywayes Improved or Tenantable but Lye wholly unculti-
vated and no benefit arising there from to discharge the Yearly
rent to his Lordship the Lord proprietary of this province so that
before the heir who is Very Young arrives to full Age to possess
them the Yearly rent aforesaid will Surmount the reall Vallue of the
Lands Also for that Severall Devisees in the Will aforesaid men-
tioned of large tracts of Land live so remote Viz. in great Brittain
that they Cannot be taken to satisfy such of the Testators debts as the
Law would Oblige them to, were they within this province. The
said Renatus Smith prays that he may be admitted and Empowered
to Sell any of the Lands whereof the said Testator dyed possessed
whether devised or not as well to Satisfie and pay his af^d obligations
so as aforesaid entred into he not being able to Comply therewith
out of his proper Estate being reduced by his application of the
Greatest parte thereof towards satisfaction of the Testators Creditors
as to reimburse him what he has so paid over and Above the amount
of the deceased's Estate with the purchase of the Land aforesaid
being about Eleven hundred and nine pounds nineteen shillings and
Six pence as appeares by an Account thereof made up and past before
the Comissary generall of this province and Remaining in his
office which being thought Reasonable by this present generall
Assembly tis humbly pray'd that it may be Enacted And be it
Enacted by his Lordship the Lord Proprietary by and with the Ad-
vice and Consent of his Lordships Governeur and upper and Lower
houses of this Assembly and the Authority of the same that the
said Renatus Smith by Vertue of this present Act shall and is
hereby fully & Amply Authorized and Empowered to sell and Dis-

Liber LL, 4

Acts

pose of so much of the Lands whereof the said Robert Smith dyed
possest whether devised by his Will or not as will pay and Discharge
the debts remaining due from the Testators Estate and Satisfy the
said Renatus Smith what he has paid on account of the Deceased
more than Effects Came to his hands to which use the said Renatus
Smith is obliged to applye the purchase mony of the Lands he shall
so Sell and to no other use whatsoever And make or cause to be made
to any purchaser or purchasers of such Lands and their heirs for-
ever a good Sure and Indefeazable Estate of Inheritance in fee
Simple any Law Statute Useage or Custome to the Contrary Not-
withstanding. Provided Nevertheless that the said Executor shall
be and is hereby made Lyable to render his Account into the Comis-
sary Generall's office of the purchase mony for all such lands by him

p. 331