XXVIII.  Provided nevertheless That in case the Person or Persons against
whom such Sentence shall pass, shall comply with the same, then it
shall and may be lawful for the Governor, for such Court of Delegates to grant
an Appeal therefrom.

    XXVIII.  And be it further Enacted, by the Authority aforesaid, by and with
the Advice and Consent aforesaid, That the Commissary-General of this Province,
or other Person or Persons that shall from Time to Time be appointed
as Judge or Judges in testamentary Causes for granting Administrations, shall,
from Time to Time, and at all Times, during his or their continuance in
such Office, constitute, ordain and appoint, some able and sufficient Person, 
of good Repute, and a Free-holder, in every respective County within this
Province, to take the Probate of any Last Will and Testament of any Persons,
either Nuncupative, or in Writing, even though the same be concerning
Titles of Land; and likewise to grant Administration of the Goods and Chattels
of Persons dying Intestate, in the respective County or Counties where
each person or Persons so appointed shall reside and inhabit; which said Person
in each respective County of his Province, so appointed as aforesaid, shall
and may take the Proof of any Will whatsoever as aforesaid, of any Person as aforesaid,
and within the County as aforesaid, and grant letters Testamentary upon
the same, and likewise grant Administration to any Person or Persons whatsoever,
that Rights has to the Administration of the Estate of any Person deceased,
within the County where he dwelleth as aforesaid.  But if any Contest
or Dispute shall arise between any Person, concerning the Right to Administrations
or Executorship, the same shall be decided by the Commissary-Genereal,
or Judge in Testamentary Causes, and not by such Person appointed
in each County as aforesaid; neither shall such Person grant Administration,
or take the Probate of such Will, till such Time as such Dispute or Difference
shall be decided and determined by the proper Judge thereof, and Certificate
from such Judge of such Determination or Decision.  And such Person
so appointed as aforesaid, shall, and is hereby allowed, as a Fee for granting
such Letters of Administration as aforesaid, swearing the Administrators
and Appraisers, or for the Probate of any Will, and swearing the Executor
or Executrix, Appraisers, and Letters Testamentary, the Sum of One Hundred
and Fifty Pounds of Tobacco, to be levied by Execution, after the same
Manner, and under the same Penalties directed by the Act of ASsembly of
this Province, for Limitation of Officers Fees, against the Person or Persons requiring
and having Letters of Administration, or Letters Testamentary as aforesaid;
unless the Estate be so small as the Inventory of such Estate doth
not amount unto * Ten Pounds in Money, there shall be paid to such Person
so appointed, for such Letters of Administration, or Letters Testamentary
as aforesaid, the Sum of Fifty Pounds of Tobacco, to be levied as aforesaid,
and no more; and then, and in every such Case, the Commissary-General
shall have no Fees.
    * By 1763, ch. 18, §. 107, all Estates, whose Inventory doth not exceed 30 l. Current Money,
shall be deemed Pauper Estates, and pay Fees as above:  And by §. 127, of the same Act,
no Deputy-Commissary shall charge above 50 lb Tobacco for passing the first Account of any
Pauper Estate, or demand any Fee for passing any additional Account thereof.

    XXX.  And be it Enacted, by the Authority aforesaid, by and with the Advice
and Consent aforesaid, That all Guardians or Orphans, that shall have any
Real Estates in Lands, with the Orphan or Orphans to whom the same belong,
committed to them, other than such whom the Testator in his Life
Time, by his Last Will and Testament, hath otherwise ordered and disposed
of, within One Month after taking upon him or her the Guardianship of such