CHAP.
XXIV.
In what case
County
Courts shall
oblige Executors
to give
counter Security,
or be attached,
and the
Estate to be
delivered up
to the Sureties.
Duty of the
Sureties in
such Case. |
Compos Mentis, or Imprisoned, or Persons beyond Seas, from bringing
an Action
or Actions, within Six Years after their coming to, or being of full Age,
Uncovert, Sound Memory, at Large, or returned from beyond Seas, upon
any Administration or Testamentary Bond.
XXIII. And be
it further Enacted,
by the Authority, Advice and Consent
aforesaid, That the several County Courts of this Province, shall,
and are
or their, or nay of their legal Representatives, on any Administration
or Testamentary
Bond or Bonds passed for any Guardian, shall Petition said Court
for Counter Security, to keep him, her, or them, indemnified from such
Bonds, and make appear to the Satisfaction of such Court, that he, she,
or
they, is or are in Danger of suffering thereby, to cause the said Executors,
Administrators, or Guardians, to give the said Petitioner or Petitioners
sufficient
Counter Security, to indemnify him, her, or them, from such Bonds:
And in case the said Executors, Administrators, or Guardians, shall refuse
or
neglect to do the same, to cause Attachment against his, her, or their
Bodies,
to be issued, to compel him, her or them thereto. And in case such
Executor, Administrator, or Guardian, shall not be able, or shall refuse
or neglect
to give such Security, it shall and may be lawful for such County Court,
and they are hereby required, to e order such
Estate, or such Part thereof as
shall be left in the Hands of the said Executor, Administrator, or Guardian,
to be delivered into the Hands of the said Sureties, or their, either of
their
legal Representatives, who are hereby impowered, by Process of Attachment
or Distress, to be issued out of the said Court, to take and possess themselves
of the same: And on Receipt thereof, shall be obliged to return an
Account
of what they shall so receive, to the said County Court, appraised upon
Oath, by Two indifferent Persons to be appointed by the said Court; and
the
said Executor, Administrator, or Guardian, shall be discharged of so much
as
the said Sureties, or their, or either of their legal Representatives
shall receive,
by virtue of such Order or Process.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
e By
1735, ch. 17, §. 2, No such Order shall be executed, &c.
or Process therein issued, before
such Sureties, &c. have entered into Bond or Recognizance to his Lordship
before the Court,
with two sufficient Sureties for their Delivery or payment of all Goods,
&c. which shall come
to their Possession by virtue of such Order, or the Value thereof, according
to Law, to any Persons
having Right to, and lawfully requiring the same, &c.
|
Preamble.
No Judgment
shall be obtained
on
such Bonds, |
WHEREAS it is represented to this General Assembly, that Sheriffs
and Testamentary Bonds are frequently put in Suit, in the Provincial
Court; and that the Persons causing such Bonds to be sued,
upon their obtaining Judgments, frequently issue Executions for the whole
Penalties contained in such Bonds, with Direction to eh Sheriff, or
Coroners,
to release the Party executed, upon Payment of what the Creditor alledges
his
Demand to be.
II. And whereas,
an
Act of Parliament made the Eight and Ninth Years
of King William the Third, entitled, An Act for the better preventing
frivolous
and vexatious Suits, does not fully provide for the Evils complained
of;
III. Be it Enacted,
by
the Right Honourable the Lord Proprietary, by and
with the Advice and Consent of his Lordship's Governor, and the
Upper and Lower
Houses of Assembly, and the Authority of the same, That it shall
not be lawful |
