CHAP.
XXIV.
or be concluded
by the
Devise, and
barred of
Dower.
County
Courts, may
remove Children
of deceased
Protestants
from
Popish Mothers,
&c.
Children of
Protestants of
the Church
of England,
shall be educated
in the
Principles of
that Church.
But an Appeal
herein
shall lie to the
Governor and
Council.
What Preference
shall be
given to
Debts due to
the Crown,
or his Lordship.
Minors entitled
to
lands by
Purchase,
shall not be
obliged to
answer Suit,
or ejectment.
The Balances o
of Intestates
Estates,
(See 1719,
ch. 14.)
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then such Acceptance shall be adjudged a full Recompence
of her Devise aforesaid:
But in case she shall neglect to make such Election within the Time
aforesaid, she shall them by such Neglect, be concluded by what is
devised
to her, and shall be thereby barred of her Dower of such deceased's
real Estate,
unless it shall appear to be the Design of the Devisor, that such Widow
shall have both Devise and Dower; any law, Statute, Usage or Custom
to
the contrary notwithstanding.
N. B. This Clause is the same with 1715, ch. 39, §.
36.
XII. And
be it Enacted, That where any Person being a Protestant, who
shall die and leave a Widow and Children, and such Widow shall intermarry
with a Papist, or be herself a Papist, that it shall and may be lawful
for the
Justices of the County Courts, upon Application, to remove such Child
or
Children out of the Custody of their Mother, and place him, her, or
them
where he, she, or they, may be securely educated in the Protestant
Religion;
and to allow the Interest of such Orphan's Estate, or such Part thereof,
as
may be necessary for his, her, or their support. And that the
like Care be
taken, that all Children, whose Fathers dies in, or professed themselves
to
be of, the Communion of the Church of England, be educated and
instructed
in the Doctrine and Principles of that Church.
XIII. Provided
always, That any Person who shall think him or herself
aggrieved by the Justices of the County Court, in the premises, may
appeal
to the Governor and Council, who may hear and finally determine the
same.
XIV. And be it
further Enacted, by the Advice, Consent, and Authority aforesaid,
That the Commissary-General shall be obliged to send the Lists of
the Names and Sirnames of Sureties, with their Places of Abode, to
the several
County Courts, with their Accounts or Balances required to be transmitted,
by the Act, entitled, An Act for the better Administration of Justice
in
Testamentary Affairs, granting Administrations, Recovery of Legacies,.
securing
Filial Portions, and Distribution of Intestates Estates.
XV. And
be it further Enacted, by the Authority aforesaid, That Executors
or Administrators, shall proceed in he payment of Debts, in the same
Manner
as they have been and are obliged, by the said last mentioned Act,
entitled,
An Act for the better Administration of Justice in Testamentary
Affairs, &c.
without any other Preference to Debts die to his Sacred Majesty, his
Heirs
or Successors, or to the Lord Proprietary, his Heirs or Successors,
than to
such Debts as are or shall be due to his sacred Majesty, his Heirs
or Successors.
or to the Lord Proprietary, his Heirs or Successors, for the proper
Use
and Benefit of them, or either of them; any Law, Statute, usage or
Custom
to the contrary notwithstanding.
XVI. And whereas,
by the Laws of England, the Age is not allowed to
any but the Heir at law; and it appears to this General Assembly, that
Children, other than the Heir at law, are within the same Reason, and
the
allowing thereof here will be advantageous to Minors; Be it Enacted,
by
the Authority aforesaid, That all Persons under the Age of Twenty-one
years,
who shall hereafter by entitled to any land, Tenements, or Hereditaments,
became their Right by Descent.
XVII. And be
it further Enacted, by the Authority aforesaid, That every
Administrator obliged by the Act, enitled, An Act for the Application
of such
Intestates Estates as leave no legal Representatives, &c.
to pay the Balance of the
estate to one of the Public Treasurers, shall hereafter be obliged
to pay an |