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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 43   View pdf image (33K)
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Acts. 43

forme the same, & oath made of the Refusall thereoff It shall be
lawful for the said Judge to issue forth of the said Office under his
hand & scale an Attachment against the bodyes of such persons so
refuseing & him or them to Imprison untill he or they satiesfie &
Comply with the said sentence or give in good securitie to doe the
same, this Law not to barr the said Judge to proceed against persons
not complying with Sentences given before the makeing of this act ac-
cording to the former usadge & custome to compell them to the same.
And whereas the long & tedious returnes of the proceedings of the
Deputy Commissaryes of the severall Counties to the office for pro-
bate of Wills occasions great delay of business in the said office; Be
it further Enacted by the authority afforesaid by & with the advice
& consent afforesaid, that all & every Deputy Commissary within
this Province shall once in three months at the least return what
proceedings are in their hands into the said office, that the same may
be duely entred & Reccorded; And be it further Enacted by the
Authority afforesaid by & with the advice & consent afforesaid, that
all & every County Clerke or Clerkes within this Province shall
return into the Office for probate of wills & granting of Adminis-
tracons all the proceedings of their severall Justices of their severall
& respective County Courts in the proveing of Wills & granting of
Administracons from the begining of the late Revolution to this
present day & all Bonds taken in those matters upon penallty of one
Thousand pounds of tobacco that so what matters are there left un-
finished for want of power in them, May be perfected by the said
Judge for probate of Wills &ca as the Law requires, And further
that the Justices of every County Court shall yearly & every year
sometime in the month of March transmitt and send to the said Judge
for probate of wills for the time being, their price currant of Tobacco
in their severall & respective Counties, that so the said Judge may
allow the Same to Administrators & Executors in makeing up their
accounts; And whereas Orphans & Creditors are many times injured
by the low appraisement & under vallueing of the Estates of the
deceased; Therefore Be it Enacted by the Authority afforesaid, by
& with the advice & consent afforesaid, that when any Executor or
Administrator doth appraise the Estate of the deceased, he shall give
notice of such his appraisement and call together two of the next of
kin to the said deceased & two of the Creditors of the said deceased
if any then be, who shall be present at the said appraisement with the
sworn Appraisers & shall certifye to the Commissary or to his Deputy
under their hands that they were present at the appraisement & doe
approve thereoff, and if any Executor or Administrator Return any
Inventory without such Certificate as afforesaid The said Judge
or his deputy in each respective County of this Province shall not
accept or Receive the same into his or their office, This act to
Endure for three years or to the end of the next Session of Assembly
which shall first happen.

C. O. 5,
Vol. 731,

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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 43   View pdf image (33K)
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