Administrations within this Province, which hath hitherto been often
delayed by tedious Methods used in Chancery, before the Judges Sentence
in
the said Court could take Effect, the Methods of England being
at present not
practicable here; Be it therefore
Enacted,
by the Authority
aforesaid.
That
the Prerogative Court for Probate
of Wills, within this Province, shall have
such like Authority in the enforcing
Obedience to the Process, Orders, Interlocutory
Sentences, and Decrees thereof,
as the High Court of Chancery
now hath, or of Right ought to have;
and that every Person or Persons that
shall not, after Sentence given
in the said Court against him or them, within
fifteen Days after such Sentence,
enter his appeal with the said judge from
such Sentence, ad within fifteen
Days more, procure an Examination thereof
by a Court of Delegates, no r in
the mean Time comply with the Sentence of
the said Judge, it being sent to
them under the hand and Seal of the said
Judge, nor give in Security to perform
the same, and Oath made of the Refusal
thereof, it shall and may be lawful
to and for the said Judge, to issue
forth of the said Office, under
his Hand and Seal, an Attachment against the
Bodies, Goods or Chattels of the
said Person so refusing, and him or them to
imprison, or his or their Goods,
Chattels or Credits to attach, until he or they
satisfy or comply with the said
Sentence.
XLI. And
whereas, Orphans and Creditors
are many Times injured by the
low Appraisements, and undervaluing
of the Estates of the Deceased, therefore,
Be it Enacted, by
the Authority aforesaid, by and with the Advice and
Consent aforesaid, That when
any Executor or Administrator doth appraise the
Estate of the Deceased, he shall
give Notice of such his Appraisement, and
call together two of the next of
Kin of the said Deceased, and two of the
Creditors of the said Deceased,
if any there be, who shall be present at the
said Appraisement, with the sworn
Appraisers; and shall certify t the Commissary,
or his Deputy, under their Hands,
that they were present at the
Appraisement and do approve thereof.
And f any Executor or Administrator
return an Inventory without such
Certificate as aforesaid, or without making
it appear that such Kindred or Creditors,
having due Notice of the Time
and Place of such Appraisement,
refused or neglected to be present, the said
Judge, of his Deputy in each respective
County in this Province, shall not
accept or receive the same into
his or their Office or Offices.
XLII. And
be it further Enacted, by
the Authority aforesaid, by and with
the Advice and Consent aforesaid,
That from and after the Publication hereof,
no Person or Persons, being Executors
or Administrators of any Person
deceased within this Province, shall
be liable to pay or satisfy Debts contracted
out of this Province, of what Nature
or Quality soever, (* Debts due to
his sacred Majesty, his Heirs and
Successors, only excepted) before Debts
due within this Province from the
Estate or Estates of any Person or Persons
deceased, shall be paid and satisfied,
if such Executor or Administrator shall
have Assetts in his, her, or their
Hands, sufficient to pay and satisfy the same,
such Executors or Administrators
having respect to the Quality of the
Debts due within this Province as
aforesaid; unless the Creditor or Creditors
of the Deceased, being Persons residing
out of this Province as aforesaid, on
any Action or Actions by him, her
or them, brought against such Executors
or Administrators as aforesaid,
upon any Debt or Contract of a higher Nature
than those contracted within this
Province as aforesaid, be it by Statute Merchant,
or of the Staple, Judgment, Bond,
or otherwise, do, upon Trial, sufficiently
make it appear, that such Executor
or Administrator had due Knowledge
and Cognizance thereof; upon due
Proof thereof as aforesaid, if such
Executors or Administrators shall
have paid Debts of an inferior Nature, not
recovered against them by due Course
of Law, or suffer Judgment to go against
them for any such Debt as aforesaid,
without pleading such Foreign Debt in
Stay of Judgment, such Executor
or Administrator, not having Assetts in his,
her, or their Hands, sufficient
to pay he Debt as aforesaid, and satisfy the |
CHAP.
XXXIX.
the like Powers
to enforce
Obedience to
its process,
&c. as the
High Court
of Chancery,
Attachments
may issue out
against Body,
Goods, &c.
of the Persons
neglecting or
refusing to
prosecute Appeals,
or comply with
its Sentence.
Two of the
next of Kin,
and two Creditors
of the
Deceased,
shall have
Notice to be
present at the
Appraisements,
&c.
County
Debts to
have the Preference
in all
Payments
made by
Executors,
&c. (respect
being had to
the Quality
of the Debts)
except Debts
due to the
Crown,
unless Cognizance
be proved
of Debts
of a higher
Quality due
to Non-Residents.
In which case
if Debts of
an inferior
Nature have
been paid
without any
legal Recovery,
or such
foreign Debts
not pleaded in
Stay of Judgment, |
