for such Legacy or Residuary Part as shall then appear
to be due, by such Accounts as shall then be made up.
And such Legacies or Residuary Part shall then be paid
or recovered out of the full Estate, as if no Disbursements
for Debts or Charges were to be made thereout:
Such Persons giving Security to refund to such Executor,
&c. according to the English Stat. of 22 and 23
Car. II. cap. 10. 1718, ch. 5,
16. Every Creditor having Money, Tobacco, or
other Goods, due from the Estate of any deceased Person,
by Judgment, Statute, Recognizance, &c. or
other Writing, before the Executor or Administrator
pay the same, shall make Oath (or Affirmation if a
Quaker) that no Part of the Money, &c. mentioned
therein, hath been paid, or any Satisfaction towards the
same made, other than is taken Notice of in the said
Oath, &c. And the Balance, after deducting what is
confessed in the Creditor's Oath, shall be paid by the
Executor, &c. having Assets. 1722, ch. 10, §. 1.
17. Every Executor or Administrator of a Creditor,
shall, before the Receipt or Recovery of any Debt due
from any other Executor , &c. swear or affirm, that the
Creditor (to the Knowledge of the Executor, &c.)
did not receive any Part of the Debt, more than mentioned
in such Oath, &c. and that he hath not received
any Part of the Debt more than he gives an Account
of; which shall always be particularly mentioned
in such Oath, &c. and deducted as aforesaid. Ibid.
18. When any Creditor, or Executor, &c. of
Creditor, shall refuse to swear, &c. as aforesaid,
will sue the Executor, &c. of a Debtor, who shall offer,
on its being done, to pay the real Debt, he shall be
Non-suit, and pay Costs; but shall not be debarred
of a new Action, first complying with this Law.
Ibid. §. 3.
19. Persons convict of Swearing or Affirming falsely
herein, shall suffer as in Case of wilful and corrupt
20. No Executor or Administrator shall be
any Costs of Suit, in any Action recovered against him,
out of the deceased's Estate, unless the Court before
whom brought, shall certify to the Commissary, that
such Executor, &c. had just or probable Cause for
withstanding such Suit. Ibid. §. 4.
21. The several County Courts shall, every Court,
as well by giving the same in Charge to the Grand
Jury, as by other Means enquire, Whether any Executor
or Administrator hath received, and not accounted
for, or neglected to receive or recover any
Debt due to the deceased? and shall call such Executor,
&c. before them; and if such Default shall sufficiently
appear, they shall cause the same to be entered
upon Record: Which shall be allowed in Evidence,
in any Suit commenced by the Guardian during the
Minority, or by the Orphan at full Age, or by the
Creditor against the Executor, &c. or by the Ward
against the Guardian. 1729, ch. 24, §. 3.
22. No Preference shall be given in the Payment
Debts, by any Executor, &c. to any Debts due to the
Crown, or the Lord Proprietary, other than to such
Debts as shall be due to the Crown, or his Lordship,
for their own proper Use. Ibid. §. 15.
23. On Petition of any Sureties on Administration
or Testamentary Bonds, or Bonds passed for any
Guardians, and Proof that they are in Danger of suffering
thereby, the County Court shall cause the
Executor, &c. to give the Petitioners sufficient Counter
Security to indemnify them from such Bonds.
Ibid. §. 23.
24. And in case such Executors, &c. shall
or neglect to do the same, the Court shall order Attachment
to issue against their Bodies, to compel them
25. And in case such Executor, &c. shall be
&c. to give such Security, the Court shall order
the Estate remaining in the Hands of such Executor,
Administrator or Guardian, to be delivered up to the
Sureties, or their legal Representatives; who, by
Process of Attachment or Distress, issued out of the
said Court, shall possess themselves of the same, and
return an Account of what they shall so receive, to the
County Court, appraised on the Oath of Two indifferent
Persons appointed by the Court: And the said
Executor, &c. shall be discharged of so much as the
Sureties shall receive, by virtue of such Order or
26. But no Order of a County Court, for Delivery
of such Estate into the Hands of the Sureties shall be
executed, &c. or any process thereon issued, before
the Sureties, &c. obtaining such Order have entered
into Bond or Recognizance before the Court, with
Two sufficient Sureties, for their Delivery or Payment
of all Goods, &c. which shall come to their Possession
by virtue of such Order, or the Value thereof according
to Law, to any persons having Right to, and
lawfully requiring the same: Which Bonds shall be
filed in Court, and be assignable to, and may be sued
by, any person injured by the Non-Performance thereof
in the same Manner as Testamentary or Administration
Bonds now are. 1735, ch. 17.
27. Executors and Administrators are exempted
Amerciaments, on being cast in Suit. 1722, ch. 12, §.1.
See Bills of Exchange, 4. Commissary-General,
Fieri facias, 1, 6.
Foreign debts, 3. Intestates
Estates per Tot.
Negroes, 11. Public Arms,
ADMONITION. See Fornication, 3.
AD QUOD DAMNUM. See Church Lands, 4.
Iron Works, 1-3. Water Mills, 1, 2.
ADVANCEMENT of JUSTICE
1. The several Courts at Law
shall proceed, and
give Judgment, according as the very Right of the
Cause and Matter in Law shall appear to them, without
regarding any Omissions, Errors, &c. (such as are
usually taken Advantage of by Special Demurrers, or
in the Prosecution of Writs of Error, &c. serving only
to divert Judgment on the very Right of the Cause) so
as sufficient Matter shall appear in the Proceedings upon
which the Court may give Judgment as aforesaid,
and that the Action was commenced after Cause thereof
had accrued, Nor shall any such Judgment be reversed,
or Execution thereon delayed, by Reason of
any such Imperfection, &c. 1763, ch. 22, §. 2.
2. But this Act shall not extend to Cases of Treason,
Felony, or Murder, or Prosecutions on Penal Statutes.
Ibid. §. 3.
3. In all Actions hereafter to be commenced in
Provincial Court, for any Sum within the Jurisdiction
of that Court, where the Plaintiff is desirous of a speedy
Trial, if the Plaintiff send a Copy of the Declaration
with the Writ, and cause the same to be served on, or
delivered to the Defendant, or left at his Place of Abode,
Twenty Days at least before the Appearance
Court; the Justices shall oblige the Defendant, by
Rule of Court, to proceed to Trial the same Court.
And, if the Defendant neglect or refuse to Answer or
Plead, to render Judgment for the plaintiff, with
Cost; unless sufficient Cause be shewn for an Imparlance,
Ibid. §. 4.
4. In Actions, not exceeding 20 l. Sterling,
5000 lb tobacco, the County Court, at the Prayer of
either Party, either before or after Judgment or Verdict,
may hear and determine the same, according to
Equity and Conscience, as amply as the Chancellor,
&c. Ibid. §. 5. And the Attorney's Fee,
such Cause of Equity, where the Debt does not exceed
10 l. Sterling, or 2500 lb Tobacco, shall be 100 lb
Tobacco: But where it exceeds that Sum, 200 lb Tobacco.
Ibid. §. 12. But this shall not limit, or restrain
the Jurisdiction of the High Court of Chancery,
but the said Court shall have the same Power,
&c. in every Case as belonged to, and was exercised
by it before this Act. Ibid. §. 6..