XVI.  The Commissary General of this Province or
Judge in Testamentary causes, shall from time to time,
constitute and appoint some able and sufficient Freeholder
in every County to take the Probate of any Last
Wills or Testaments, and likewise granting Administrations
of persons dying intestate in the respective
Counties.  But if any dispute arises concerning the right
to Administrations or Executorship, the same shall be
divided by the Commissary General or Judge, and not
by the person appointed in the County, neither shall
he grant Administration, or take Probate, till the dispute
shall be determined by the proper Judge.  The
Fees of such persons appointed to take Probats, &c,
shall be 150 l. of Tobacco, if the Inventory be above
2000 l. of Tobacco; if under, then 50 l. of Tobacco,
and no more.
    XVII.  All Guardians and Orphans having a real
Estate of the Orphans, shall (unless the Testator hath
otherwise ordered by his Will) within one month after
his taking on him the Guardianship, cause the Land
and Plantation to be viewed in the presence of one
Commissioner, and an Estimate to be made of the annual
value of the same by the Oaths of two indifferent persons,
&c. and the same to be certified under their Hands and
Seals, and attested by the said Commissioner, which is
to be recorded at the next County Court, and shall be
sufficient Evidence for the Orphan, when of age, to recover
double damages, for any Waste or Distruction,
other than what hath been certified and thought necessary.
    XVIII.  The Commissioners of every County Court,
shall upon presentment of the Orphan Jury, or other
Information, of any Waste of Destruction committed
by any Guardian, examine into the same, and upon
proof require the Guardian to give sufficient security to
to make satisfaction to the Orphan when of age, and
upon refusal a new Guardian shall be appointed who
shall sue the former for the said Waste and Damages,
&c.
    XIX.  The several Deputy Commissaries appointed in
each County as aforesaid, are impowr'd to audite and
allow such accounts as come before them relating to the
deceased's Estate, not exceeding 50 l. Sterling, and transmit
the same to the Commissary General; for which he