CHAP.
XXXIX.
be called to
Account for
the same
yearly.
Guardians
failing herein
shall be accountable.
Penalty on
Courts neglecting
their
Duty.
County
Courts to
take Security,
and inspect it
yearly, &c.
An Orphan
Jury to be appointed
every
June Court.
Their Oath
of Inquisition.
In what Cases
Orphans shall
be removed
to other
Guardians or
Masters.
Penalty on
the Masters.
Guardians
Bonds to be
recorded, and
likewise Indentures
of
Apprentices.
County Clerk
to lay a List
of Orphans
before the
Jury every
June Court.
10 per Cent,
to be allowed
Executors,
&c. for all
Sums of Money,
Tobacco,
&c. by
them paid.
(The Residue
excepted. See
§. 26.) |
or otherwise, neglected to recover the same, or hath received, and
never accounted
for the same? And shall, with the Residue of the said Estate,
commit
the said desperate Debts to the Care of the said Guardian, or other
TRustees,
by them employed; and shall Yearly, and every Year, call the said
Guardians to account for the same, and duly inspect what of the said
Debts
they have receive, or might have received. And if the said Guardian
or
Trustee fails to give on his Account Yearly, or by Fraud or Covin neglect
or forbear to recover the same, the said Guardian or Trustee shall
stand and
be accountable for every such Debts by them received, and not accounted
for,
or neglected or forborn to be recovered; under the Penalty of Five
Hundred
pounds of Tobacco each Justice present in Court, one Half to his Majesty,
the other Half to the Informer, or him or them that shall sue for the
same,
to be recovered as aforesaid.
XX. Tenth.
That
the Justices of the County Courts take able and sufficient
Security for Orphans Estates, and
enquire Yearly of the Security; and
if there be just Cause, that they
require new and better Security; and, upon
Refusal to give new and better Security,
that they remove the Orphans Estates
out of their Hands.
By 1729, ch. 24, §. 6, the County Courts as often as they find
it necessary, may demand new
or better Security
for any Orphan's Estate; and, in case of the Guardian's Refusal thereof,
shall
immediately remove
such Orphan's Person and Estate into other Hands. And, in case od
Refusal
to obey their Order
of Removal, may issue Attachment, &c., against such Guardian to answer
the Contempt, and
commit him to Prison till such Order be complied with, &c. And
by 1752,
ch. 3, §.
4, the Court is invested with the like Power over Guardians chosen by Orphans.
XXI. And
further, That the Justices of
the County Courts, shall Yearly,
in June Court, enquire by
a Jury of good and lawful Men, to be summoned
out of the several Hundred of the
County, not under the Number of Twelve,
who, upon their Oaths, shall enquire,
according to the Form hereafter expressed,
viz. " Whether the Orphans
be kept, maintained and educated, according
" to their Estates? And
whether Apprentices are taught their TRade, or rigorously
" used, and turned to common
Labour at the Axe or Hoe, instead of learning
" their Trades?" And
if they find that Orphans are not maintained and educated
according to their Estates, or Apprentices
neglected to be taught their
Trades, upon Pretence that the last
Year is enough to learn their Trade, that
they remove them to other Guardians
and Masters. And in case the Jury find
that any Apprentice is not taught
his Trade, but put to other labour as aforesaid,
the County Court shall condemn the
Master of such Apprentice to
make the Apprentice such Satisfaction,
as in Justice his Years of Labour,
or other Work, shall deserve.
XXII. Eleventh.
That the Justices of the County
Courts cause the Condition
of the Bonds they take from Guardians or Trustees of Orphans Estates,
to be exactly drawn according to this Act, and recorded in the County Court,
and the Indentures for Apprentices likewise; that it may duly appear to
the
Justices, whether Guardians, Trustees and Masters, do Right and Justice
to
Apprentices, and to the Country; and that the Justices do Right between
them. And to that End, that they cause the Clerk of their County
to present
the Jury with a List of the Orphans and Apprentices of their County,
every June Court.
XXIII. Twelfth.
And for better ascertaining what
Salary shall be allowed
Executors and Administrators, upon their Account of Administration, by
the Commissary-General of this Province, for their Pains and Trouble, Hazard
and Adventures in administering Estates; Be
it Enacted, by the Authority
aforesaid, by and with the Advice and Consent aforesaid, That
for every Sum
or Sums of Money, Quantity or Quantities of Tobacco, or other Goods or
Chattels, that shall be bonâ Fide paid by Executors or Administrators,
the
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