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Bacon's Laws of Maryland
Volume 75, Page 692   View pdf image (33K)
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I    N    D    E    X.

 
OFFICE BONDS.  See Deputy-Commissary, 7.  Inspectors,
    12, 14.  Naval Officers, 8.  Public Charges,
    6, 7.  Records, 1-11.  Standard, 1.
OFFICE DAYS.  See County Courts, 4.
OFFICERS.  See Fees, 1.  Lord Proprietary, 11.
    Magistrates,
1.  Officers Fees, per Tot.

OFFICERS FEES.

    1.  Security shall be given for Payment of all Officers
Fees, accruing by any Suit commenced in any
County Court by the Plaintiff, in case he doth not reside
in that County; nor in Default thereof, or of his
Attorney's signifying his Intention of Paying the same,

shall suffer Non-suit.  1715, ch. 48, §. 12.
    2.  Security shall be given for Officers Fees by Non-Residents,
who demand Process in their own Names,
without any Titling from an Attorney.  1716, ch. 20,
§. 2.
    3.  All Officers, whose Fees are due on Execution,
shall draw out the Particulars in a fair legible Hand,

and in Words at full Length; on Forfeiture of such
Fees, if expressed in abbreviated Words.  1717, ch. 2,
§. 2; and 1731, ch. 15, §. 2.
    4.  Any Public Officer having made out his Fees
contrary to the Intent of this Act, and insisting on
Levying the same, shall be fined 500 lb Tobacco:  One
Half to the Free School in Annapolis; the other Half

to the person informing or suing for the same.  1717,
ch. 2, §. 2.
    5.  No Sheriff shall be allowed any Fee for executing
for any Public or County Levy, or any other Public
Dues, or Officers Fees.  1724, ch. 21, §. 2.
    6.  Sheriffs executing Goods for Officers Fees, shall

proceed therein according to the Act of 1716, ch. 16,
§. 2.  Ibid.  §. 3.
    See Fees, 1.
OFFICERS of CUSTOMS.  See Tobacco Run, 4.
ORDINARY.  See Ministers, 4.  Vestry, 25, 26.
ORDINARY KEEPERS.  See Delegates, 3.  Iron-Works,
   
7.  Quakers, 4, 8.  Sailors, per Tot.
ORPHAN JURY.  See Administrators, 12.  Guardians,
   
20.  Orphans, 10, 13.

ORPHANS.

    1.  Orphans entitled to any Part in the Distribution
of an Intestate's Estate, if capable of chusing Guardians,
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.  But, if such Orphans be not at Age, then shall
the County Court appoint fit Persons, to whom such
Orphans and their Estates shall be committed, taking
Bond with Two sufficient Sureties in the Name of the

Orphans, for securing and delivering the same to the
Orphans or their Guardians, when thereunto lawfully
called, &c.  Ibid.
    3.  Orphans shall not be charged by Administrators 
or Guardians, &c. for Diet, Cloaths, Physic or Education;
but shall be supported by the Interest of their 
Estate or Increase of their Stock:  Which, if too
small for a liberal Education and Maintainance, the
Orphans shall be bound out Apprentices by the County
Court, till the Age of Twenty-one Years.  Unless

some Relation, or charitable Person, will undertake to 
maintain and educate them, for the Increase of their
small Estate, without Diminution of the Principal;
which shall always be delivered to the Orphans at the
Ages herein limited.  Ibid.  §. 9.
    4.  All Male Orphans shall be of full Age to receive
their Estates at Twenty-one Years.  Ibid.  §. 13.
    5.  But any Person, appointed Executor or Executrix
by any Last Will, shall be accounted of Age, sufficient
for that Trust, at Seventeen.  But, if under
Seventeen, then shall the Administration be committed
by the Commissary-General, durante Minoritate, to such
proper Person as he shall approve of, to the proper Use
and Behoof of the Infant Executor, &c. and not in

ORPHANS.

any other Manner.  And Infant Administrators are declared
to be under the like Reasons and Law.  Ibid.
§. 13 and 14.
    6.  Female Orphans shall be accounted of full Age
to receive their Estates at the Age of Sixteen, or Day
of their Marriage, which shall first happen.  Ibid.  §. 15.
    7.  Where a Protestant dies, leaving Children, and 
a Widow who shall afterwards intermarry with a Person

of the Romish Communion, or is herself a Papist,
the County Courts may, on Application, remove the
Children out of the Mother's Custody, and place them
under Protestant Trustees, and allow the Interest of
their Estates, or such Part thereof as may be necessary
for their Support, so as not to diminish the principal
Estate.  And the like Care shall be taken that the

Children of all Protestants of the Church of England,
shall be brought up in the Principles of that Church.
1729, ch. 24, §. 12 and 13.  See also 1715, ch. 39,
§. 10.
    8.  The County Courts shall take sufficient Security

for Orphans Estates, and enquire thereof yearly; and,
as often as they find it necessary, may require new or
better Security; and, in case of Refusal, shall immediately
remove such Orphan's Person and Estate into
other Hands.  And, in case such Guardian, &c. 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.  1715, ch. 39, §. 20; and 1729,
ch. 24, §. 6.
    9.  In case the Guardians and Sureties prove Insolvent,
and that none will undertake the Guardianship
and give Security, the County Court shall take the Estate
into their own Hands, to Sell the same, (Negroes

and Plate excepted) and dispose of the Produce, Negroes
and Plate, to the Orphan's best Advantage, taking
Security for the same; and may also demise any
Lands of Tenements belonging to such Orphan.
1729, ch. 24, §. 6.
    10.  The County Courts shall, yearly, in June

Court, cause an Orphan Jury to be summoned, who
shall enquire, upon their Oaths, Whether the Orphans
be kept, maintained, and educated, according to their
Estates?  And whether Apprentices are taught their

Trades, or rigorously used, and turned to common Labour,
at the Axe or Hoe, &c.  1715, ch. 39, §. 21.
    11.  If they find that Orphans are not maintained

and educated according to their Estates, or Apprentices
not taught their Trades, &c. the Court
shall remove them to other Guardians and Masters.
Ibid.
    12.  If they find that such Apprentices are put
to other Labour, &c. to the Neglect of their trades,
the Courts shall adjudge the Masters to make Satisfaction

to the Apprentices for their Labour, &c.
Ibid.
    13.  Guardians Bonds and Orphans Indentures shall
be recorded in the County Court; and the County
Clerk shall present the Orphan Jury, every June Court,
with a List of the Orphans and Apprentices of their
County.  Ibid.  §. 22.
    14.  The Justices, every june Court, shall give in
Charge to the Orphan Jury to enquire of any Waste
hath been made of Orphans Lands? Under Penalty of
1600 lb Tobacco:  One Half to the Support of Government;
the other Half to the Person suing for the
same in the Provincial Court.   Ibid.  §. 33.
    See Administration Bonds, 1.  Administrators, 12.
        Commissary-General,
6.  Fieri facias, 6.  Fines,
       
14.  Guardians, per Tot.  Widows, 7.
OVERSEERS.  See Inspectors, 27.
OVERSEERS of ROADS.  See Bridges, 2.  Highways,
    2, 4, 5, 10-13.  Jurors, 4.
OUT-HOUSES.  See Hourse-breaking, 3.  Negroes, 38.
OUTLAWRY.  See Boats, 1.  Horse Stealers.  Negroes,
   
35.
OUTLYING SLAVES.  See Negroes, 31.



 
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Bacon's Laws of Maryland
Volume 75, Page 692   View pdf image (33K)
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