Wills, and grant Letters Testamentary, and
of Administration,
to any Person having Right to the Administration
of the Estate of any Person deceased, in the
County. 1715, ch. 39, §. 29.
2. But if Disputes arise concerning such Right,
he
shall not grant Administration, or take the Probat of
such Will before a Decision of the Dispute, and Certificate
thereof, by the Commissary-General. Ibid.
3. The Deputy-Commissary shall be allowed,
for
granting Letters of Administration, and swearing the
Administrators and Appraisers; or for the Probat of
a Will, swearing the Executors, &c. and Letters
Testamentary, 150 lb Tobacco, leviable by Execution.
Ibid.
4. But where the Inventory of the Estate doth
not
amount to 10 l. in Money, he shall have no more
than 50 lb Tobacco; and, in such Case, the Commissary-General
shall have no Fees. Ibid. (See below,
Art. 9, and 12.)
5. The Deputy-Commissary is
impowered to pass all
Accounts relating to the Estates of deceased Persons,
wherein they have granted Letters of Administration or
(provided there be no Controversy thereon) And shall
transmit such Accounts, within Two Months, to the
Commissary-General's Office, on Penalty of 2000 lb
Tobacco; one Half to the Party rendering such Account:
And shall have 50 lb Tobacco Fee for passing such Account.
ibid. §. 34. (See below, Art. 8.)
6. But of any Objection be made thereto by any
Person
interested in the Estate, then shall the Deputy-Commissary
mark the disputed Articles, and transmit
the Account, &c. to the Commissary-General, to be
by him determined on hearing the Parties. Ibid.
7. Every Deputy-Commissary shall give Bond
in the
County Court, with sufficient Securities to be approved
by the Court, payable to his Lordship, in the Penalty
of 200 l. Sterling, for the due Execution of his Office.
Which Bond shall be lodged in the Prerogative
Office, and liable to be sued as other Officers Bonds
are. 1722, ch. 10, §. 5.
8. Deputy-Commissaries are impowered to pass any
Accounts of the Estates of deceased Persons, without
special Commission from the Commissary-General,
where the Amount of the Inventory does not exceed
150 l. Currency. 1763, ch. 18, §. 106.
9. All Estates, not exceeding 30 l. Current
Money,
shall be deemed Pauper Estates, and in such Case no
larger Fees shall be taken by any Deputy-Commissary
than allowed in Art. 4, nor any Fees to the Commissary-General.
Ibid. §. 107.
10. No Deputy-Commissary shall exact or receive
any Fee or Gratuity for giving his Advice in any Matter
relative to his Office, or for procuring a Commission
from the Commissary-General to pass any Account
before him. Ibid. §. 125.
11. No Deputy-Commissary shall exact or receive
any
other Fees for drawing and stating Account than 1 1/2
Tobacco for each Voucher produced and allowed in
such Accounts. Ibid. §. 126.
12. No Deputy-Commissary shall charge more than
50 lb Tobacco for passing the first Account of any
Pauper Estate, or demand, &c. any Fees for passing any
additional Account thereof. Ibid. §. 127.
DEPUTY INSPECTORS. See Inspectors, 15, 16.
DEPUTY SHERIFFS. See Attorneys, 1. Sheriffs,
per Tot.
DEPUTY SURVEYORS. See Surveyors, 2.
DETINUE. See Limitation of Actions, 1. Special
Bail, 10.
DIET. See Guardians, 6. Orphans, 3.
DISCONTINUANCE. See Continuance of Action, 2.
DISCOUNT.
1. Sheriffs shall discount their
own Debts (which
shall be understood to be such Debts as are assigned to |
DISCOUNT.
the Inhabitants in the Public, County, or Parish Levy,
or the 40 per Poll, or due from the High Sheriff by Bill;
Bond, Note, or Account proved) out of any Levies
due from their Creditors; which, if they refuse, they
shall be liable to Action of Trespass or False Imprisonment,
as the Case shall require, not only for their own,
but also for their Deputies Offences herein. 1715,
ch. 46, §. 11 and 12.
2. Sheriffs shall discount Notes drawn on them,
by
Public Creditors or Officers having Tobaccoes in their
Hands, in favour of, or endorsed to any Persons indebted
to them for Public or County levies, Public
Dues or Officers Fees, without any deduction on Account
of such Discount; on Penalty of 2000 lb Tobacco:
One Half to the County School, the other
to the Person suing for the same. 1724, ch. 21, §. 4.
3. But no Sheriff shall be obliged to break an
entire
Hogshead to discount a Parcel, except where such Parcel
shall be immediately due from the Sheriff to the
Debtor. Ibid. §. 5. See Levies, 16.
DISCOUNT in BAR.
1. In Suit upon Assumption, or
Bill or Bond under
Hand and Seal, if the Debtor plead an Account of his
own against the Creditor, arising since the passing of the
Bill or Bond, or after such Assumption, or give an
Account, proved according to this Act, and filed in
Court, in Evidence upon the General Issue; the
Court, on good Proof of such Account, may cause the
same (though of an Inferior Nature) to be Discounted,
and give Judgment for the Balance only, with Costs of
Suit. 1729, ch. 20, §. 5.
2. But if such Balance do not exceed 400 lb Tobacco,
or 33 s. 4 d. in the COunty Court; or 1500 lb
Tobacco, or 6 l. 5 s. in the Provincial Court, the
Plaintiff shall ne Non-suited. Ibid.
3. This Act shall not give the Provincial
Court any
other Jurisdiction than what is agreeable to the Act of
1714, ch. 4. Ibid. §. 6.
DISSENTERS.
Protestant Dissenters and Quakers,
shall have the full
Benefit of all Exemptions, Ease and Indulgencies, granted
and allowed by the Stat. of 1 W. and M. for exempting
their Majesty's Protestant Subjects, dissenting from the
Church of England, from the Penalties of certain Laws: And
the Stat. of 7 and 8 W. III. That the solemn Affirmation
or Declaration of the People called Quakers, shall be accepted
instead of an Oath in the usual Form. Only the Things
required by those Acts to be done, by or at the General
or Quarter-Session, or other Courts, or by or to
any single Justice of the Peace, shall be done by, to
or at the several County Courts of this Province, or
before, to or by the Justices of the same. And all
Meeting-Houses, or Places of Assembly for religious
Worship, shall be certified unto, and registered at the
County Court, instead of the Bishop of the Diocese,
&c. 1702, ch. 1, §. 21.
See Marriage, 11. Vestry, 9, 21.
DISSOLUTE LIVERS. See Hog-Stealing, 3.
DISTRESS. See Constables, 3. Levies, 18.
DISTRIBUTION. See Intestates Estates.
DOWER. See Conveyances, 10, 13. Widows,
5, 6.
DRAW-BACK. See Liquors Imported, 6.
DRUNKENNESS. See Cursing, &c. Sabbath-Breaking,
2.
DUTIES of Import and Export. An Allowance of
15 per Cent, to Persons paying the same in Gold or
Silver, imported for that Purpose. See Gold
and Silver,
1, 2.
E.
EDUCATION. See Guardians, 6, 19. Orphans,
3.
ELECTIONS. See Delegates, |
