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Bacon's Laws of Maryland
Volume 75, Page 670   View pdf image (33K)
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I    N    D    E    X.

 
GUARDIANS.

in the County Court:  Which Record shall be sufficient
Evidence for the Orphans to recover double
Damages in an Action of Waste, brought by them
when at Age, for any Waste, Sale, &c. committed in
the Premises, other than what the said Persons have
certified and thought necessary.  1715, ch. 39, §. 30.
    17.  Guardians neglecting to perform what is hereby
required, within the Time limited, shall forfeit 5000 lb
Tobacco:  And any Magistrate or other Person of the
County, refusing or neglecting to act herein, when
thereunto demanded, shall forfeit 500 lb Tobacco.
One Half to the Use of the Orphan concerned, and
the other Half to the Informer.  Ibid.  §. 31.
    18.  The Quit-Rents shall be considered and allowed
in the Valuation aforesaid, and shall be paid by the
Guardian, on Penalty of forfeiting to the Orphan,
when at Age, fourfold the Value of the Arrears of
Quit-Rent, neglected to be paid by him.  Ibid.  §. 32.
    19.  Guardians ought to render Account to their
Wards, of the Surplus of the Profits of their Real
Estates, beyond the necessary Expence of their Maintainance
and Education, and to secure the same, as
other parts of Orphans Estates are to be secured by
this Act.  1729, ch. 24, §. 8.
    20.  The County Courts, on Presentment of the
Orphan Jury, (see Orphans, 14,) or other Information
of Sale, Waste, &c. committed by any Guardian on
any Orphan's Estate, are impowered to call such Guardian
before them, &c. and if the Guardian, on Proof

of the Waste, refuse to give Security for making Satisfaction
to the Orphan when at Age, another Guardian
may be chosen by the Ward if at Age to chuse,
or if otherwise may be appointed by the Court, who
shall bring his Action of Waste, in the Name of the
Orphan, against the former Guardian.  1715, ch. 39,
§. 33.  But see the following Article.
    21.  As often as the County Court shall be informed,
by the Grand Jury, or otherwise, of Waste done by
any Guardian on an Orphan's Estate, they shall issue
their Warrant for bringing such Guardian before them:
And if such Information shall appear to be true, shall
order the Sheriff to summon a Jury upon the Place,
who shall enquire, upon Oath, into the Damage.  And
the Court shall oblige the Guardian to give Security,
for double the Damages assessed by the Jury; or commit 
the Guardian 'til he comply with their Order
therein. 1729, ch. 24, §. 9.
    22.  No Person, not being a Guardian, or not having 
Licence from a Guardian, shall enter into, or occupy
any Lands belonging to an Orphan (without Application

to, and Leave from the County, Court, for such
Rents as they shall think reasonable to be paid to the
Orphan;) on Penalty of Trespass, and paying treble
Damages and full Costs to such Orphan:  Recoverable
by the Guardian during Minority, or the Orphan when
at Age.  Ibid.  §. 7.
    23.  The County Courts, as often as they shall find
it necessary, may oblige such Guardians as are chosen
by Orphans, to give new and better Security.  And
upon their Refusal to do the same, may proceed according
to the Directions of the Act of 1729, ch. 24,
§. 6.  (See above, Art. 15.)  1752, ch. 3, §. 4.
    24.  Guardians and Trustees Bonds shall be recorded
in the County Court.  1715, ch. 39, §. 22.
    25.  Any Ward or Orphan, on attaining to full Age,
may enter into all Lands, Tenements, &c. which the
Guardian came to Possession or received the Rents, &c.
of, under the Right or Title, or by Occasion of the
Guardianship of such Orphan.  And in Case the Guardian
refuse, on Demand, to yield up quiet Possession,
the Ward shall have Action and recover Possession,
with treble Damages, and full Costs.  1758, ch. 4, §. 2.
    26.  No Guardian, or his Heirs, Assigns, &c. shall
at any Time recover Lands, Tenements, &c. from 
his Ward, or the Heirs or Assigns of such Ward, upon
any Right which shall first wholly accrue by Purchase
by to or in Trust, or for the Use of such Guardian,

GUARDIANS.

from any other Person than the said Ward, or
some Person claiming under such Ward, at any Time
after Possession obtained by such Guardian, or her Perception
of the Rents, &c. in Manner aforesaid.  And
if it appear, on Suit brought against such Ward, &c.
for Recovery of Possession or Damages, that the Plaintiff
shall sound his Action upon any Right accruing to
such Guardian, by Purchase (except as before excepted)
subsequent to the said Guardian's obtaining Possession,
or Perception of the Rents, &c. of such Lands,
&c. in Manner aforesaid, such Plaintiff shall be Non-suit.
Ibid.  §. 3.
    27.  In what Case the Sureties to Bonds of Guardians
shall obtain Counter-Security, or a Delivery of the
Effects, &c.  See Administrators, 23-26.

GUNS.

    1.  A Gun to be delivered to every Man-Servant at
the Expiration of his Servitude.  See Freedom Dues, 1.
    2.  For the Punishment of Negroes carrying Guns.
See Negroes, 7.
    3.  No Person to hunt with Guns, &c. within any
Inclosure, without Leave, &c.  See Inclosures, 1.
    4.  Persons convicted of Thieving, Hog-stealing, &c.
not to carry a Gun on any seated Plantation, without
Leave, &c.  See Hog Stealing, 3.
    5.  Guns may not be bought of Indians for Liquor.
See Indians, 4.

H

HARBOURERS of Persons employed in Iron-Works.
    See Iron-Works, 8.
HARBOURERS of Sailors.  See Sailors.


HARBOURERS of SERVANTS and SLAVES.

    1.  Persons wittingly or willingly entertaining any
Servants or Slaves, unlawful absenting themselves
from their Masters, &c. or permitting them to be about
their Houses or Plantations, for One Hour, or longer,
shall forfeit 100 lb Tobacco for each Hour such Servant
or Slave shall be so entertained or permitted to be
about their Houses or Plantations; to be recovered in
a summary Way before a single Magistrate, if the Penalty
do not exceed 600 lb Tobacco; but, if above
600 lb Tobacco, to be recovered in the County Court.
1748, ch. 19, §. 2.
    2.  One Half of the above Penalty to be applied to
the Use of the County School, the other Half to the
Party grieved, if such Party prosecute within Three
Months; otherwise to the Persons informing or suing

for the same, provided such Suit be commenced within
Twelve Months after the Offence committed.  Ibid.
   
3.  Offenders, unable to pay or give Security for the
Penalty, may be punished by Whipping, not exceeding
39 Stripes; and shall give Security for good Behaviour
for Six Months.  Ibid.  §. 3.
    4.  Servants or Slaves harbouring or entertaining
other Servants or Slaves (unlawfully absent) for one
Hour or more, are punishable, on Complaint to any
single Magistrate, by whipping, not exceeding Thirty-nine
Stripes.  Ibid.  §. 4.
    5.  Free Negroes or Mulattoes harbouring or entertaining
any such Servant or Slave, shall forfeit for every
Offence 1000 lb Tobacco, to be recovered in the
County Court; one Half to the Use of the Free
Schools, the other Half to the Party grieved; and if
they cannot pay the Penalty, the Justices before whom
the Matter is tried, may order Satisfaction by Servitude
or otherwise.  1715, ch. 44, §. 4.

HARBOURS.

    1.  No Ballast to be taken, unladen, or cast out of
any Ship or Vessel, but in the Day Time between the
Rising and Setting of the Sun, within the following
Limits; nor unladen out of any Ship, &c. in Chesapeak



 
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Bacon's Laws of Maryland
Volume 75, Page 670   View pdf image (33K)
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