Preamble.
Sureties obtaining
an
Order of
Court, pursuant
to 1729,
ch. 24, §. 23,
shall give
Bond for
Payment of
the Estate to
Persons having
legal
Right.
The Bonds to
be filed, and
may be sued
as Testamentary
Bonds. |
WHEREAS by the above mentioned Supplementary Act, the several
County Courts within this Province, are impowered, on the
Neglect and Refusal of Principals, in the Bonds of Executors.
Administrators, or Guardians, to counter-secure their Sureties in those
Bonds, to order the Estate for the administration or Payment whereof
the
said Sureties shall be bound, or such part thereof as shall be left
in the Hand
of the said Executor, Administrator, or Guardian, to be delivered into
the
Hands of their Sureties, or their Representatives, who are impowered
by
Process of Attachment and Distress to take and possess themselves of
the
same, which Possession is made a Discharge to the Executor, Administrator,
or Guardian, therefrom; and yet the said Sureties, or their Representatives,
are not required to give any Security for the due Payment of Delivery
of the
same, according to Law, whereby the Loss of the Estates of Infants,
Persons
absent, and Others, may be greatly endangered: For Remedy whereof,
II. Be it Enacted,
by the Right Honourable the Lord Proprietary of this
Province, 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
no Order of a County Court for the Delivery of an Estate into the Hands
of
any Surety or Sureties, or any of their Representatives, by virtue
of the
said Act, shall, in any Manner, be pursued, obeyed, or executed, or
any
Process thereon be issued, before the said Surety or Sureties, or their
Representatives,
obtaining such Order, have entered into a Bond or Recognizance,
to the Right Honourable the Lord Proprietary of this Province, before
that
Court, with Two sufficient Sureties, in such Sum as the same Court
shall
judge necessary, under Condition to be void on the said Sureties, or
their
Representatives, their Delivery or Payment of all Goods and Chattels
which
shall come to their Possessions, by Virtue of, or under, such Order,
or the
Value of them, as the Laws of this Province do require, to any Person
or
Persons who have Right to demand the same, when they shall be thereunto
lawfully required.
III. And be it
further Enacted, by the Authority aforesaid, by and with the
Advice and Consent aforesaid, That every such Surety and Sureties,
and every
of their Representatives, that have at any Time heretofore, by the
order of
any of the County Courts of this Province, taken and possessed themselves
of all, or any part of the said Estate, for the Administration or Payment
whereof the said Sureties have been Bound, and not give any Security
for
the due Payment or Delivery of the same, according to Law, shall be
compelled
by the Justices of the respective County Courts, by Summons, Attachment,
and Distress, to enter into Bond or Recognizance to the Right
Honourable the Lord Proprietary, with Two sufficient Sureties, in such
Sum
as the same Justices shall judge necessary, under Condition, to be
void on the
said Sureties or their Representatives, their Delivery or Payment of
all Goods
and Chattels, which have come to their Possessions, by virtue of, or
under any
such Order, or the full Value of them, as the laws of this Province
so require,
to any Person or Persons who have a Right to demand the same, when
they shall be thereunto lawfully required: Which Recognizances
or Bonds
hall be filed or lodged in the Court wherein they are made, and shall
be assignable
to, and may be sued by, any Person or Persons who shall be injured
by the Non-Performance of their several Conditions, in such Manner
as Testamentary
or Administration Bonds now are assigned and sued; any Law, Usage
or Custom to the contrary notwithstanding.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON. |
