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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 42   View pdf image (33K)
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42 Assembly Proceedings, 1694-1728.

Public
Record
Office,
London.
C O. 5,
Vol. 731,
Maryland.
From
1694-1702.
Acts

wasted & imbezeled, And if the woeman die, the said husband re-
fuses to render an account of such estate, alleadging that he is neither
Executor nor Administrator of his wife nor of her former husband,
Whereas at common Law a woeman covert Executrix can doe no act
to prejudice her husband, all such acts dureing the same being void
without his consent he not preventing such waste when in his power
ought to answer for the same, Be it therefore Enacted by the
Authority afforesaid by & with the advice & consent afforesaid that
every such permitting & suffering such waste by such second husband
dureing the coverture such husband shall account for the same & be
liable to be Sued for the Said Estate due to such Orphan, by such
Orphan if at age, or if under age by his Guardian as well as the
Security, or together with his wife if liveing & if the Security be
insolvent then by himselfe and allso for all waste committed by his
wife before Marriage, if sued during coverture. And whereas Or-
phans of persons dyeing intestate by the good provisions of the
former Act in committing them to the care of the County Courts
to Inspect the good condition of their securities & good usage accord-
ing to the said Act are by experience found to be in better condition
in respect of both then the Orphans of Testators whose Executors
have hitherto rarely given any security & that the security they have
given many times prov'd insolvent.
Be it therefore Enacted by the Authority afforesaid by & with
the advice & consent afforesaid, that the Judge for probate of wills
shall hereafter take good & sufficient Security of all Executors and
Executrixes to the use of any Orphan or Orphans in any will men-
tioned, & not solely to their own use for the true performance of such
last will & testament according to the law & intent of the Testator,
and the Justices of the severall County Courts shall at the same time
that they by Jurev Inquire of the good usage & good condition of the
security of other Orphans, shall allso Inquire the same of these, And
if they find the Securityes like to be insolvent or the Orphans ill
used, to transmitt the same to the Judge for probate of wills for the
time being to be releived according to law & the Testators intent,
And for the more speedy Administracon of Justice to Orphans
Legatees & others in their Majstes Courts of probate of wills & grant-
ing of Administracons which hath hitherto by the tedious methods
used in Chancery, before the Judges sentence in the said Court can take
effect the methods of England being at present here not practicable ;
Be it further Enacted by the Authority afforesaid by & with the
advice & consent afforesaid that every person or persons that shall
not after Sentence given in the said Court against him or them
within fifteen days after such sentence, enter his appeall with the
said Judge from such sentence & within fifteen dayes more procure
an Examination thereoff by a Court of Deligates, nor in the mean
time comply with the sentence of the said Judge, it being sent to them
under the hand & scale of the said Judge nor give in Security to per-



 
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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 42   View pdf image (33K)
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