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82 Assembly Proceedings, June 3-23, 1752.
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No. 3
Liber B. L. C.
p. 559
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An Additional and Supplementary Act to the Act entituled, "An
Act for the better Administration of Justice in Testamentary
Affairs, granting Administrations, Recovery of Legacies, securing
filial Portions, and Distribution of Intestates Estates."
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[Preamble.]
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Whereas it hath been a Doubt, whether Persons chosen by Or-
phans, of the Age of fourteen Years, or upwards, to be Guardians'
to such Orphans, are by Law obliged by the said Act to give Security,
upon their Acceptance of the Guardianship, to pay and deliver unto
such Orphans their Estates at their respective Ages, when by Law
they shall be initled to receive the same; for Removal of which
Doubt,
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[Guardians
chosen by
Orphans to
give Bond.]
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Be it Enacted by the Right Honourable the Lord Prorietary, by
and with the Advice and Consent of his Lordship's President, and
the Upper and Lower Houses of Assembly, and the Authority of
the same, That the several and respective County Courts within this
Province may and shall, and they are hereby impowered and directed,
upon the Choice of any Guardian or Guardians by any Orphan or
Orphans, who shall be of Age to choose their Guardians, to cause
such Guardian or Guardians, upon their Acceptance of the Guardian-
ship, to enter into Bond, with two sufficient Sureties, in the Names
of the Orphans themselves, for the securing and delivering the Es-
tates of such Orphans, which shall come to their Hands and Posses-
sion, to the said Orphans, their Executors or Administrators, when
thereunto lawfully called according to the Rules and Directions of
the said Act.
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[On such
Bond being
received, an
Order to be
given by the
County
Court for
Delivery
of such
Orphan's
Estate.]
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And be it further Enacted, by the Authority, Advice, and Consent
aforesaid, That upon such Security being given, the Court, before
whom the same shall be given, shall make an Order for the delivering
and paying the Estate of such Orphan into the Hands of such
Guardian; and that no Executor, Administrator, or former Guardian
shall pay or deliver unto such Guardian so chosen, the Estate of
such Orphan, in his, her, or their Hands being, until such Guardian
so chosen shall have entered into Bond, according to the Directions
of this Act, and shall have delivered unto such Executor, Adminis-
trator, or former Guardian a Copy of such Order, under the Hand
of the Clerk of such Court.
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[Such
Guardians,
on Occasion,
to be obliged
to give new
or better
Security.]
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And be it further Enacted, That the several County Courts within
this Province respectively, shall have Power and Authority, when
and as often as they shall find necessary, to oblige such Guardian or
Guardians to give new and better Security; and upon such Guardian
or Guardians Refusal, to proceed therein according to the Directions
of an Act of Assembly entituled, An Additional and Supplementary
Act to the several Acts for Administration of Justice in Testa-
mentary Affairs; in case where any Guardian, or other Person, in
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