INSURRECTION. See Militia, 7.
Negroes, 37.
War, 3.
INTEREST. See Usury.
INTERLOCUTORY SENTENCES. See Prerogative
Court, 2.
INTESTATES ESTATES.
1. After a full Account made
by an Administrator
of any Intestate's Estate, the Commissary-General shall
make Distribution of the Surplusage, in Manner following,
viz.
I. One Third Part to the Widow.
II. The Residue, by equal Portions among the Children,
and their legal Representatives
if any such
Children be dead.
III. Except such Children as have received Portions,
by Settlement of the Intestate
in his Life Time,
equal to the Share allotted
by such Distribution to
the other
Children.
IV. Such Children as have received Settlements,
from the Intestate in his Life
Time, not equal to
the Share due by the Distribution
to the other
Children, shall have so much
of the Surplusage,
as shall make the Estate of
all the Children, as
equal as can be estimated.
V. But the Heir at law, notwithstanding
any Lands
he may have by Descent, or otherwise,
from the
Intestate, shall have an equal
Share with the other
Children in the Distribution.
VI. In case there be no Children, nor legal Representatives
of them, the Widow shall have
one
Moiety; and the Rest be divided
among the next
of Kindred, in equal Degree,
and their legal Representatives.
But no Representatives shall
be
admitted among Collaterals,
after Brothers and
Sisters Children. But
see below, VIII and IX.
VII. If there be no Widow, then the Estate shall
be equally divided among the
Children; and if no
Children, then among the next
of Kindred in
equal Degree, or their legal
Representatives as
aforesaid. 1715, ch.
39, § 4-6.
VIII. In case the Administrator (where there are
no
nearer Collaterals) be of Kin
to the Deceased,
within the 5th Degree, either
of Consanguinity or
Affinity; he, and all others
as nearly Related,
shall have the same Right to
the Residue as Brothers
and Sisters Children.
1719, ch. 14, §. 3;
and 1729, ch. 24, §.
18.
IX. But if there be a Widow, no other Collaterals
shall be admitted than those
directed by this Act;
and she shall have the whole
Residue. 1719, ch.
14, §. 4; and 1729,
ch. 24, §. 19.
2. After such Distribution made, the Commissary-General
shall transmit the Account thereof, to the several
County Courts where the Estates lie. 1715,
ch. 39, §. 7.
3. The Administrator of the Estate of any Intestate,
leaving no known Relations or Representatives legally
entitled to the Residue, shall be obliged to pay the Balance
of such Estate, to the Visitors of the Public
School of the County where the Deceased resided, in
the same Manner as he wou'd have been obliged to
pay the same to the legal Residuary, if any such had
appeared; to be applied to the Use of such School.
1719, ch. 14, §. 2; and 1729, ch. 24, §. 17.
4. The Administrator shall pay such Balance, in
Current Money or in Specie, at the Discretion of the
Visitors: And if paid in Money, shall be allowed 10
per Cent, if in Specie 5 per Cent, and no more.
1729, ch. 24, §. 17.
5. If such Residue shall be paid tot he Visitors,
and
legal Representatives of no remoter Degree than Brothers
and Sisters Children shall afterwards appear, and
prove themselves to be such; then shall the Visitors
restore the same to such legal Representatives, if in
their Hands. But if actually applied to the Use of
the School, then the Public Stock of such School shall
be liable to make Satisfaction for such Residue: And |
INTESTATES ESTATES.
the Visitors shall give an Order for the same on the
Public Treasurers; who shall pay the same out of the
Public Stock of such School, if so much be in their
Hands; if not, then so much as shall be in their
Hands, and the Residue, when they shall receive so
much for the Use of such School. Ibid. §. 20.
6. In case the Administrator shall be obliged
to pay
any farther Debts, &c. of the Deceased; such legal
Representative, receiving the Residue, shall be obliged
to refund to such Administrator, the Value of what he
shall be obliged to pay as aforesaid: Provided it doth
not exceed the Residue received. Ibid. See also 1719,
ch. 14, §. 6., which directed Security to be given for such
Refunding.
7. For preventing and detecting the Concealment
of
any Part of the Estate of the Deceased, by Widows
and Others having Effects in their Hands, who designedly
suffer others to administer, &c. The Commissary-General,
on Information thereof, shall cause
the Person complained of, to be examined on Oath
before him or his Deputy, for the Discovery of such
concealed Effects; and on such Discovery, and Refusal
or Delay to deliver or make Satisfaction for the same,
shall issue Attachment against the Concealer, to oblige
Compliance. 1719, ch. 14, §. 7.
See Orphans, 1, 2.
INVASION. See Militia, 7. War, 3.
INVENTORIES.
Inventories that shall be exhibited
by Administrators and
Executors, within Three Months after Administration
granted, of the Personal Estates of Persons deceased.
1715, ch. 39, §. 3.
See Administrators, 1, 2, 3, 13. Deputy-Commissary,
4. Guardians, 14.
JOURNALS of ASSEMBLY.
1. The Clerk of the Council,
and Clerk of the
House of Delegates, shall transmit into the Secretary's
Office, within Two Months after the End of each
Session, fair Transcripts of the respective Journals of
the Two Houses. 1715, ch. 325, §. 6.
2. The Clerk, making Default herein, shall forfeit
500 lb Tobacco for each Offence: One Half to the
Support of Government, the other Half to the Person
suing for the same. Ibid.
IRISH SERVANTS.
1. Importers of Irish
Servants, by Land or Water,
(unless imported in Country Bottoms; see Country Bottoms,
2,) shall pay to the Naval Officer, where Entry
is made, Twenty Shillings Sterling per Poll, towards
defraying the Charges of the Public; on Penalty of
Five Pounds Sterling per Poll for every such Servant
concealed at the Time of Entry. One Half to the
Use aforesaid, the other to the Informer. 1715, ch.
36, §. 7.
2. But no Duty or Imposition shall be paid
on Importation
of any Protestant or Protestants from Ireland
or elsewhere, into this Province. 1732, ch. 23.
3. All Persons importing Irish Servants,
being Papists,
into this Province, by Land or Water, shall pay
to the Naval Officer, at the Time of their Entry, the
additional sum of 20 s. Currency, over and above the
20 s. Sterling per Poll, imposed by the Act of 1715,
ch. 36. See Art. 1; on Penalty of 5 l. Currency
for
every such Servant concealed at the Time of Entry:
One Half to the defraying of the Public Charge, the
other Half to the Informer: Which additional Duty
shall be applied towards the Encouragement of One
Public School in each County, to be divided into equal
Shares. 1717, ch. 10, §. 1 and 4.
4. For better Discovery of such Irish Papists,
the
Naval Officers are impowered and required to administer
the Oaths to every such Irish Servant, (except Children
under Fourteen) and cause them to subscribe the
Oath of Abjuration and the Test. And all such as |