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Bacon's Laws of Maryland
Volume 75, Page 669   View pdf image (33K)
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I    N    D    E    X.

 
GOVERNOR.

belonging to the People of this Province) shall pay to
the Naval Officer, at the Time of Entering, or give
Security for the Payment of Three Pence per Ton of
the Burthen of such Ships or Vessels, to the Governor
for the Time being.  1704, ch. 78.
    2.  In Case of the Death or Absence of the Governor,
the first Person named in his Lordship's Commission
to be of the Council, then living and residing in
the Province (and in Case of his Death or Absence,
the next Person likewise named, &c. successively) shall
immediately take upon him the Administration; and
with Advice and Consent of the Council, execute all
the Powers, &c. of Government, until the Return of
such absent Governor, or 'til his Lordship's Pleasure
be farther known.  1716, ch. 21.
    3.  The Commission, Power or Authority of the
Governor, for the Time being, shall not be dissolved
by the Death of the lord Proprietary; but such Lieutenant-Governor
shall continue and act as such, until
he be lawfully removed, discharged, or his Commission 
superseded or determined by the next Successor.
1751, ch. 27, §. 7.
    For other Matters, see Gold and Silver, 1.  Independent
        Companies,
2.  Inspectors, 3, 6, 7, 10
       
11.  Iron Works, 2.  Letter Public, 3.  Militia,
       
1, 7.  Ministers, 1. Musters, 9.  Naval
        Officers,
3.  Parochial Libraries, 6.  Passes, 1, 3.
        Press-Masters,
5, 7.  Public Arms, per Tot.
        Rangers,
1, 4.  Troopers, 1.
GOVERNOR and COUNCIL.  See Amerciaments,
   
2, 3.  Appeals, 3, 7-9, 13.  Attorneys, 3.  Highways,
   
3.  Indians, 5.  Levies, 2.  Militia, 7.  Musters,
   
8.  Parochial Libraries, 1, 2, 6.  Process Criminal,
   
1, 2.  Small Provincial Charges, per Tot.
    Vestry,
24, 29.
GRAND-JURY.  See Administrators, 21.  Jurors, 5, 6.
    Justices of Assize,
1.  Manumission of Slaves, 3, 5.
    Process Criminal,
1, 2.  Rangers, 3.
GREAT MAN.  See Indians, 10, 11.
GREAT SEAL.  See Seals.

GUARDIANS.

    1.  Orphans entitled to any Part of an Intestate's
Estate (after Distribution made, and Balance returned
by the Commissary to the County Court, (but see below,
Art. 5,) shall be called into Court, then and there to
chuse their Guardians, into whose Hands their Estates
shall be committed.  1715, ch. 39, §. 7.
    2.  The Guardians so chosen shall, upon their Acceptance
of the Guardianship, be obliged by the County
Court, to give Bond with Two sufficient Sureties,
in the Name of the Orphans, for securing and delivering
the Estates to the said Orphans, their Executors or
Administrators, when thereunto lawfully called, according
to the Directions of the Act (of 1715, ch. 39,)
for the better Administration of Justice in Testamentary
Affairs, &c.  1752, ch. 3, §. 2.
    3.  On such Security given, the Court shall make an
Order for delivering such Orphan's Estate into the
Hands of such Guardian:  And no Executor, Administrator,
or former Guardian, shall pay such Orphan's
Estate into the Hands of the Guardian so chosen, 'til
he hath entered into such Bond, and shall have delivered
unto such Executor, &c. a Copy of such Order,
signed by the Clerk of the Court.  Ibid.  §. 3.
    4.  If such Orphans be not at Age to chuse Guardians,

then shall the County Court appoint fit Persons
to whom such Orphans and their Estates shall be committed,
taking Bond with Two sufficient Sureties, for
securing and delivering the same to the Orphans or
their Guardians (when thereunto lawfully called) according
to the Directions of this Act.  1715, ch. 39,
§. 7.
    5.  To prevent the Waste which may be committed
by Executors, Administrators or Others, intermarrying
with Widows, and obtaining Possession of the
Real Estates of Orphans, before any Balance be transmitted

GOVERNOR.

from the Commissary's Office (see above, Art. 1,)
in which Case no Guardian can be appointed by the
County Court under any Law of this Province:  The
County Courts, on Application, shall permit such Orphans,
if above 14 Years of Age, to chuse Guardians,
and if under 14, shall appoint Guardians, in the same
Manner as if the Balances had been transmitted.  And
such Guardians shall have the same Powers, and be

subject to the same Regulations as other Guardians, by
the Laws of this Province; and as soon as the Balance
is transmitted, shall receive the same as if then chosen
or appointed.  1763, ch. 24.
    6.  Orphans shall not be charged by Guardians for
Diet, Cloaths, Physic, or Education; but supported
by the Interest of their Estate, or Increase of their
Stock.  1715, ch. 39, §. 9.
    7.  All Cattle, Horses and Sheep, shall be returned
by Guardians or Trustees, to the Orphans in Kind;

and as near as can be, of the like Value.  Ibid.  §. 11.
    8.  All Money, Plate, Rings and Jewels, shall be
preserved, and not used by the Guardians, &c. and
delivered to the Orphans at Age.  Ibid.  §. 12.
    9.  All Houshold-stuff and Lumber shall be appraised
in Money, and the Value paid to the Orphans, either
in Money as appraised, or in Tobacco at the then
Current Price; which Price, in Case of Dispute, shall
be determined by the County Court.  Ibid.
    10.  All Slaves shall be appraised to the Guardians or
Trustees, and employed by them to their own Benefit:
And the like Number of Slaves, of like Ability of Body,

shall be returned to the Orphans, when at full
Age.  Ibid.  §. 16.
    11.  If any of the Slaves be aged, or impotent, &c.
so that the Increase will not make good the original
Stock, as to Number and Ability, they shall again be

appraised by the County Court, and the Guardian pay
so much to the Orphan as the Slaves shall be adjudged
worse than when first appraised.  Ibid.
    12.  If no Guardian will accept of the Slaves on these
Terms, then the County Court may put the said Slaves
out, upon other Terms, to any other Person, so as the
Slaves and their Increase may be best preserved to the
Orphan.  Ibid.
    13.  All Servants, for Years, shall be returned to the
Orphans in Kind; viz.  the like for Number, Age,
Sex, Time of Servitude, and Ability of Body, as near

as may be estimated.  Ibid.  §. 17.
    14.  Debts, returned desperate in the Inventory, shall
be transmitted by the Commissary-General to the County
Court; who shall enquire into the same, and commit
the Balance, together with the said desperate Debts,
to the Care of the Guardian; whom they shall call upon
yearly to account for the same.  And the Guardian,
failing to give in such annual Account, or neglecting
by Fraud or Covin to recover, shall stand accountable
for all such Debts by him received and not accounted
for, or neglected to be recovered.  Ibid.  §. 19.
    15.  The County Courts, as often as they shall find
it necessary, may require new, or better Security, from
the Guardian or Trustee for any Orphan's Estate.
And, in case of Refusal, shall immediately remove such
Orphan's Person and Estate into other Hands.  And,
in case such Guardian shall refuse to obey their Order
of Removal, may issue Attachment, &c. against such
Guardian, &c. to answer the Contempt, and commit
him to Prison till such Order be complied with.  1729,
ch. 24, §. 6.  See also 1715, ch. 39, §. 20.
    16.  Guardians, to whom Real Estates of Orphans are
committed (otherways than by Will) shall, within One
Commissioner of the County, and Two skilful indifferent
Persons, (to be nominated by such Magistrate)
enter and view the lands, Houses, Orchards, Fences,
&c. and shall estimate the annual Value of the Lands,
&c. upon Oath, &c.  And their Valuation and Report
(certified under their Hands and Seals, and attested
by the Magistrate) shall be returned to, and recorded



 
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Bacon's Laws of Maryland
Volume 75, Page 669   View pdf image (33K)
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