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Money therein mentioned or any part thereof be lost, without the
neglect of the Assignee such loss shall be made good to the Assignee,
out of the Estate of the Testator or Intestate, and if the Security or
Securities in such Bond or Bonds were insolvent, or reputed of
doubtful Ability to pay, at the Time of the Bond given, then the
Assignee shall be paid and satisfied such Sum by the Executor: or
Administrator out of his own proper Estate and his Assignment
of such Bond or Bonds as aforesaid, shall not operate as a Dis-
charge in manner aforesaid. And be it Enacted that the Appraise-
ment or Inventory returned into the Prerogative Office may be given
in Evidence in any Action brought against such Executor or Ad-
ministrator, as hitherto used to prove the Value of the Estate, but
shall not be conclusive either upon the Executor, Administrator,
Creditor, or other person where it shall appear in proof that such
Goods or Chattels bona fide Sold for more or less than the Appraise-
ment, but the parties shall be concluded therein by the proof of the
value on such Sale. Provided also, That no such Sale as aforesaid
shall be made where the last Will and Testament of any Testator,
who shall leave other Effects sufficient to satisfy his just debts,
shall direct to the contrary or where any Residuary Legatee shall
enter into sufficient Bond with good Security for the Payment of
all the Testators Debts and lodge the same Bond in the Prerogative
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U. H. J.
Liber No. 36
Nov. 28
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Office of this Province, with a Probate of the due Execution thereof
made by the Subscribing Witnesses before the Commissary General
Deputy Commissary or some Provincial or County Justice or other
Magistrate having authority to Administer an Oath. And that
Claimants may more easily know the value of such Sales Be it
Enacted that Executors or Administrators shall with all convenient
speed make out a List or Inventory of all such personal Estate as
they shall as aforesaid cause to be Sold in Colums with the Dates
names of the Buyers and the several Prices for which they Sold,
also a distinct Column mentioning what thereof were included in
the Inventory of the Appraisers and what thereof were not and
shall then before some Magistrate duely authorised to Administer
an Oath depose, or if a Quaker affirm, that after using his best
Endeavours to procure Buyers by Notices put up and continued in
many different places the most Publick and usual for Advertisements
in the County and Neighbourhood of the place where the same
were sold intimating the Time and Place of such Sale he had fully
and fairly Sold the said Estate for the best Price that could be got
in manner as by this Act is directed and that the said List is a just
full and true Account thereof, which List shall be Subscribed by
the Executor or Administrator and also by the Auctioneer if any
and then with all Speed the Executor or Administrator shall cause
the same to be lodged in the said Office
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p. 631
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