Orphan or Orphans, shall, with one Commissioner of the said County
where
the Land lieth, and two other Persons of good Repute, and well skilled
in
Building and Plantation Affairs, neither of them being of Kin, Indebted,
or
otherwise Interested, in either Orphan or Guardian, (such two Persons to
be
nominated by such Commissioner,) enter into the Lands and plantation to
such Orphan or Orphans belonging, and view the Dwelling-houses, and Out-Houses,
Lands, Orchards and Fences that are upon the said Plantation; and
then and there the said two Persons so qualified as aforesaid, shall take
their
corporal Oaths upon the Holy Evangelists, by the said Commissioner to be
administered, That " according to the best of their Skill and Judgment,
they
" will make a just Estimate of the annual Value of the said Lands and Plantation;
" and what Dwelling-houses, OUt-houses ad Orchards are upon the same,
" and what Repair they are in; what Part of the said Land the said Guardian
" may be further permitted to clear upon the said Plantation, as well to
raise the
" Yearly Rent so valued as aforesaid, as also towards his Yearly Charge
in keeping
" the said Dwelling-houses, Out-houses, Orchards and Fences in Repair,
and so
" by him to be left;" Always having a Regard to leave a proportionable
Part,
both for Quality and Quantity, of uncleared Land, for the Benefit and Advantage
of the Orphans or Heir, when at Age to possess the said Land or
Plantation; as also the orphan's Maintainance out of the same, where the
Profits of Personal Estates be not sufficient to maintain him or them,
and the
same to certify under their Hands and Seals, attested by the Commissioner
so
administstring the Oaths as aforesaid, to the County Court next ensuing
after
such View so had and made as aforesaid, and then to remain upon Record
until the said Orphan or Heir come to Age: Which Certificate, so
entered
and remaining upon Record as aforesaid, shall be sufficient Evidence in
Law
for the said Orphan or Orphans to recover double Damages in an Action of
Waste, by them to be brought when at Age, for any Waste, Sale, or Destruction
committed or done in any of the premises, other than what the Persons
have certified and thought necessary, with due respect had to all Circumstances
and Matters aforesaid.
For the Obligation of Guardians to render
Account to their Wards for the Surplus of the Profits
of their Real Estates, beyond the necessary Expence of their Maintainance
and Education:
See 1729, ch. 24, §. 8.
XXXI. And
to the End, as well the Guardian
and Guardians aforesaid, as
the other persons mentioned and appointed to value the Land as aforesaid,
may not fail to do their Duty; Be
it Enacted, by the Authority
aforesaid, by
and with the Advice and Consent aforesaid, That
every Guardian or Guardians
of any Orphan or Orphans, that shall for the future neglect, within One
Month after entering upon his or their Guardianship aforesaid, to do and
perform
what is by this Act required, shall forfeit the Sum of Five Thousand
POunds of Tobacco: And any Commissioner or Justice of the Peace,
or other
Person or PErsons in the said County living, that shall refuse or neglect
what is by this Act required of them to do and perform being thereunto
demanded,
shall forfeit the Sum of Five Hundred Pounds of Tobacco each;
one Half thereof to our Sovereign Lord the King, his Heirs and Successors,
for the Use of the Orphan or Orphans therein concerned, the other Half
to
the Informer, or him or them that shall sue for the same; to be recovered
in
any Court of Record in this Province, of all and every such Person that
shall
so as aforesaid refuse or neglect to perform what is by this Act required.
XXXII. And
whereas it has been doubted,
whether in valuing or estimating
the said Orphans Lands and Plantations in this act mentioned, the Quit-Rents
to the lord of the same are not to be considered and allowed for, as
well as Reparations and other Things in this Act mentioned? It
is hereby
further Enacted and Declared, That
the said Quit-Rents ought, and are
hereby declared and enjoined to be considered, deducted and allowed upon
the Yearly Value of the said land, and the Guardian pay the same.
And |
CHAP.
XXXIX.
by two indifferent
Persons,
nominated
and
sworn by a
Magistrate.
Their Oath
and Duty.
Their Valuation,
&c. to
be certified
and recorded.
Which Record
shall be
sufficient Evidence
in an
Action of
Waste, for the
Orphan to
recover
double Damages.
Guardians
neglecting
such View,
&c. within
the Time limited;
forfeit
5000 lb Tobacco.
Penalty on
Magistrates
or other persons
neglecting
or refusing
to act,
when demanded.
Quit-Rents
to be allowed
in the Valuation,
and
paid by the
Guardian, |
