478 Assembly Proceedings, October 9-November 3, 1722.

Bacon

IV. And whereas several litigious Executors and Adminis-
trators, having enough in their Hands to satisfy all the just
Debts of the Deceased, in Violation of their Duty, and the
Trust in them reposed, have suffered themselves to be sued,
presuming that the Deceased's Estate must be burthened with
all the unnecessary Cost they vexatiously occasion, which has

too frequently happened, to the great Delay of many honest

Creditors, the Ruin of the legal Representatives, and Dis-
reputation of the Deceased: For Remedy of which Evils for
the future; Be it Enacted, by the Authority, Advice and Con-
sent aforesaid, That no Executor or Administrator shall here-
after be allowed any Cost of Suit, in any Action to be recov-
ered against such Executor or Administrator, out of the De-
ceased's Estate, unless the Court before whom the Action is
brought shall certify to the Commissary-General or Deputy-
Commissary, that the Executor or Administrator had just or
probable Cause or Reason for withstanding such Suit.
V. And be it further Enacted, That every Deputy-Com-
missary shall enter into a Bond with Sufficient Sureties, (such
as the several County Courts, who are hereby impowered and
directed to take the same, shall approve of, payable to the
Lord Proprietor, in the Penalty of Two Hundred Pounds
Sterling) for the due and just Execution of his Office; which
Bonds shall be lodged in the Prerogative Office, and liable
to be assigned and sued, as the Sheriffs and other Public
Officers Bonds are.

Chap. XII

An Act for regulating Amerciaments in the Provincial and
County Courts, and directing the Application of them; and
for repealing Part of an Act, entitled, An Act for the better
Administration of Justice in the High Court of Appeals,
Chancery, Provincial and County Courts of this Province;
for the more speedy Recovery of Debts; easy obtaining of
Executions against Persons absenting from the Counties
where the Judgments were recovered against them; for
preventing Commissioners, Sheriffs, Sub-Sheriffs, and
Deputy-Clerks, to plead as Attorneys in the respective
Courts to which they belong; and for Amerciaments in
the Provincial and County Courts.

Be it Enacted, by the Right Honourable the Lord Pro-
prietary, by and with the Advice and Consent of his Lord-
ship's Governor, and the Upper and Lower Houses of As-
sembly of this Province, and the Authority of the same, That
every Plaintiff, not being an Executor, Administrator, or
Minor, that shall be cast in any Cause in the Provincial Court,