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Bacon's Laws of Maryland
Volume 75, Page 249   View pdf image (33K)
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1715.
GEORGE I.
CHAP.
XXXIX.

on forfeiture
of Four-fold
the Arrears.



County
Courts to inquire
of, and

enforce Satisfaction
to
Orphans, for
Waste committed
by
their Guardians
And on his
Refusal to
give Security
to make Satisfaction
to
the Orphan
when of Age,
another
Guardian
shall be chosen,
or appointed,







who shall

bring an Action
against the?
former Guardian.
Penalty on
the Justices
neglecting at

June Court
to give in
Charge to the
Orphan Jury
to inquire of
Waste made
on Orphans
Lands?








Power of the
Dep. Commissaries
in
passing Accounts,


which they
shall transmit
to the Commissary-General
within
2 months, on
Penalty of
2000 lb Tobacco.
that any Guardian aforesaid, that shall neglect, after such Allowance made of
the same in the Value of the said Land, and hath not paid such Quit-Rents
as aforesaid, shall forfeit to the Orphan, when at Age, Four-fold the Value
of such Rents that he left in Arrears at the full Age of such Orphan; to be
recovered by Action of Debt, Bill, Plaint or Information, wherein no Essoin,
Protection or Wager of Law to be allowed.

    XXXIII.  And be it further Enacted, by the Authority aforesaid, by and with
the Advice and Consent aforesaid,
That the Commissioners of each County
Court within this Province, by virtue of this Act, shall have Power, from
Time to Time, and at all Times hereafter, upon Presentment of the orphan
Jury, or other Information given to them, of such Sale, Waste, or Destruction
,made, done or committed, upon any Orphan's Real Estate, by any such
Guardian, to issue their Warrant, and cause such Guardian to appear before
them in the County Court:  And, if upon Examination thereof, the said Information 

be sufficiently proved, that the said Guardian shall answer the * Damage 
of such Waster by him committed contrary to this Law, to such Orphans
when at Age.  And the said Commissioners shall require such Guardian

or Guardians to give sufficient Security to make Satisfaction to the said
Orphan or Orphans (if at Age to chuse his or their Guardians) shall
elect his or their Guardian or Guardians, and of not at age to make such Election,
such other person or Persons shall be appointed, the Commissioners
of the County Court where the said Land lies, shall think meet:  Which said
Guardian or Guardians, or other Person or Persons, so chosen or appointed as
aforesaid, being willing to take the said Orphans Real Estates into their Possession,
shall hold and enjoy the said Lands and Plantations, committing no
Waste, and performing all such Matters and Things at his or their Entry
thereupon, as by this Act is required, until the said Orphan or Orphans come
to Age.  And the said person or Persons, so chosen Guardian or Guardians as
aforesaid, or by the Justices of the County Court so appointed, and pout in
POssession of the Orphans Lands as aforesaid, shall, by virtue of this Act, in
the Name an to the Use of such Orphan, bring his Action of Waste against
the former Guardian, for the Damages by him committed.  And the Commissioners
of the several County Courts within this Province, are hereby enjoined
and required, to give in Charge, every June Court, to the Orphan Jury,
to inquire,, if any Waste hath been made of Orphans Lands? under the penalty
of Sixteen Hundred Pounds of Tobacco; one Half thereof to his Majesty, his
Heirs and Successors, for the Support of Government, the other Half to him
or them that shall sue for the same; to be recovered in the Provincial Court,
by Bill, Plaint or Information, wherein no Essoin, Protection or Wager of
:law to be allowed.
    * By 1729, ch. 24, §. 9, as often as the County Court shall be informed, by the Grand Jury,
or otherwise, of Waste done by any Guardian on an Orphan's Estate, they shall issue their Warrant
for bringing such Guardian before them:  And, if such Information shall appear to be true,
shall order the Sheriff to summon a Jury upon the Place, ho shall inquire, on Oath, into the
Damage.  And the Court shall oblige the Guardian to give Security for double the Damages assessed
by the Jury, or commit the Guardian till he comply with their Order therein.

    XXXIV. And be it further Enacted, by the Authority aforesaid, by and with
the Advice and Consent aforesaid,
That the several and respective Deputy-Commissaries,
which are and shall be in the several and respective Counties within
this Province, shall, and are hereby sufficiently authorized and impowered to
pass, audit, and allow, all such Accounts as shall come before them, relating
to Dead Men's Estate, wherein they have granted letters of Administration,
or Letters Testamentary, not exceeding * Fifty Pounds in Money, Provided
there be no Controversy thereon; and to transmit such Accounts within Two

Moths to the Commissary-General's Office, at the City of Annapolis, under
the Penalty of Two Thousand Pounds of Tobacco, one Half to his Majesty,
for the Support of Government, and the other Half to such Party as shall



 
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Bacon's Laws of Maryland
Volume 75, Page 249   View pdf image (33K)
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