Houses of Assembly, and the Authority of the same, That when
any Ward or
Orphan shall attain his or her full Age, it shall and may be lawful for
such
Ward or Orphan to enter in to all Lands, Tenements, or Hereditaments whatsoever,
which the Guardian of such Orphan or Ward shall come to the Possession,
or receive the Rents, Issues or Profits, of, under, or by Colour of
the Right or Title of such Orphan or Ward, or in Virtue or by Occasion
of
his or her Guardianship of such Orphan or Ward: And that in case
the
Guardian aforesaid, obtaining the Possession, or coming into the Perception
of the Rents, Issues, and Profits, in Manner aforesaid, of such Lands,
Tenements,
or Hereditaments as aforesaid, shall refuse upon Demand of his
Ward or Orphan under his or her Care, (upon the said Ward or Orphan's
attaining his or her Age as aforesaid) to yield or give up quiet Possession
of
the same, such Ward or Orphan shall or may have or maintain his or her
Action, in which he or she shall recover Possession of the same, and treble
Damages, and full Costs of Suit.
III. And be it
further Enacted, by the Authority aforesaid, That no Guardian,
or his Heirs or Assigns, or any Person in Trust for, or for the Use of
him or them, shall at any Time recover and Lands, Tenements or Hereditaments
whatsoever, from or of his or her Ward or Orphan, under his or her
Care, or the Heirs or Assigns of such Ward or Orphan, upon any Right
or
Title, which shall first wholly fall, come, accrue or vest, by Purchase,
by or
to, or in Trust, or for the Use of such Guardian, of or from any other
Person
than the said Ward or Orphan, at any Time after Possession obtained
by such
Guardian, in Manner aforesaid, or his or her Perception of the Rents, Issues
and Profits aforesaid, in Manner aforesaid. And in case it shall
appear, on the
Trial of any Case or Suit whatsoever, whether for the Recovery of Possession
and Damages, or of Damages only, against such Ward or Orphan, or
his or her Heirs or Assigns, that the Plaintiff shall found his or her
Action
or Suit, upon any Right or Title accruing to the Guardian of such Ward
or
Orphan by Purchase (except as before excepted) subsequent to the said Guardian's
obtaining Possession of the Lands, Tenements, or Hereditaments aforesaid,
in Manner aforesaid, or his or her Perception of the Rents, Issues and
Profits thereof aforesaid, the said Plaintiff, whether he or she shall
be, or
have been, the Guardian of such Orphan or Ward, or shall be any other
Person claiming in Trust for, or for the Use of, or by, from or under,
such
Guardian, shall be Nonsuit; any Law, Statute, Usage, or Custom, to the
contrary in any wise notwithstanding.
IV. This Act to continue for Three Years, and
unto the End of the next
Session of Assembly which shall happen after the Expiration of the said
Three
Years.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON. |
CHAP.
IV.
Any Ward at
full Age, may
enter into all
Lands, &c.
whereof the
Guardian
came to Possession,
&c.
under Title
of such Guardianship.
Such Guardian
refusing to
give up, the
Ward shall
recover, with
treble Damages
and full
Costs.
Guardian,
&c. shall not
recover
Lands, &c.
from his
Ward, which
have formerly
come to
his Possession
as Guardian,
upon any
Right of Purchase
from
any other
than such
Ward, &c.
Continuance. |
