XIV. And forasmuch
as the Right to Administration of the Goods f Persons
intestate, may fall upon Persons
under the Age of Seventeen Years; it
is
hereby declared, That as they
are within like Reason, so they are within like
Law with Infant Executors.
XV. Sixth.
That every Female Orphan shall
be accounted of full Age
to receive her Estate, at the Age of Sixteen Years, or Day of Marriage,
which
shall first happen.
XVI. Seventh.
That all Negroes and other Slaves,
after the transmitting
the Estate to the County Courts as aforesaid, shall be appraised to the
Guardian or Trustees, and preserved by them, and be employed to the said
Guardians or Trustees Use and Benefit; and the like Number of Slaves, and
of the like Ability of Body, be returned to the said Orphans, out of their
Increase, or otherwise, at their
full Age by this Law limited. And if any
of the said Slaves be grown aged, or otherwise impotent, or be lamed, and
that the Increase will not make the original Stock good, as to the Number
and Ability of Body, that then they hall be again appraised by the said
County
Courts, and the Guardians or Trustees shall pay to the Orphans so much
Money or Tobacco, as the County Courts shall adjudge the Orphan's Stock
of Negroes then, to be of less Value than they were at the Time of their
first
Apopraisement and Delivery of their said Slaves to the said Guardians or
Trustees.
But in case no Guardian, or other Person, will, upon those Terms,
accept of those Slaves; then it shall and may be lawful for the said several
and respective County Courts to put the said Slaves out upon other Terms,
to
any other Person, so that the said original Stock of Slaves be not sold,
nor any
of their increase, but in the best Manner preserved for the Orphans 'till
they come to their several Ages by this Act limited and appointed; to the
Intent
they may have their first Stock good to them, in Number, Value,
and Ability of Body, if it may be.
XVII. Eighth.
That all Servants for Years be
likewise returned in Kind
to the Orphans at their full age, (That is to say,) the same Number,
of the
same Age and Sex, and by like Number of Years to serve, and of the same
Ability of Body, as near as can be estimated, as the Servants were when
received
by the Guardian or Trustee.
XVIII. And
to the End that after an Account
or Distribution made as aforesaid,
the Balance of such Account, or the Distribution of such Balance,
may not be neglected to be transmitted to the several and respective Justices
of
the County Courts, as before is directed; Be
it Enacted, by the King's
most excellent
Majesty, by and with the Advice and Consent aforesaid, That
if such Judge
for Probate of Wills, Commissary or Commissaries General, shall not, within
Three Months after such Account made up, exhibited and passed in his
Office, or after Distribution made by him as aforesaid, transmit the Balance
or Account thereof, as before by this Act is directed, to the several and
respective
Justices of the County Courts where the Estate shall be and remain,
he or they shall forfeit and pay to our Sovereign Lord the King, his Heirs
and Successors, the Sum of Ten Thousand Pounds of Tobacco; of which
one Moeity for the Support of Government of this Province, the other Moiety
to him or them that shall sue for the same; to be recovered by Action of
Debt, Bill, Plaint or Information, wherein no Essoin, Protection, or Wager
of
Law to be allowed.
XIX. Ninth.
Whereas every Administrator,
in an Inventory, inserts
what Debts are sperate, and what Debts are desperate, the Judge for Probate
of Wills shall transmit those desperate Debts of the Estate unto the several
and respective Justices of the County Courts where the Estate shall lie,
to the
End the said Justices may inquire, whether the Administrator hath, by Fraud |
CHAP.
XXXIX.
Infant Administrators
the
same.
Female Orphans
to be
of Age at 16,
&c.
Slaves to be
appraised to
the Guardians,
and paid
to the Orphan
in Specie.
But if aged,
or impotent,
may be re-appraised
by
the Court,
&c.
or put out so
as they and
their Increase
may best be
preserved to
the Orphans.
See farther in
1729, ch. 24,
§. 6.
Servants for
Years, to be
returned in
Kind.
The Commissary-General
shall
send the Balance
of Accounts
passed,
or Distribution
made by
him, to the
respective
County
Courts within
3 Months, on
Penalty of
10000 lb Tobacco.
Desperate
Debts to be
committed by
the County
Court, to the
Guardian,
&c. who shall |