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Proceedings and Acts of the General Assembly, 1757-1758
Volume 55, Page 694   View pdf image (33K)
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694 Assembly Proceedings, Mar. 28-May 13, 1758.

Liber H. S
No.
[Orphan
at full Age
to enter
into Lands
&c.

Be it Enacted, by the Right Honourable the Lord Proprietary, by
and with the Advice and Consent of his Lordship's Governor, and
e the Upper and Lower Houses of Assembly, and the Authority of the
same, That when any Ward or Orphan shall attain his or her full
1 Age, it shall and may be lawful for such Ward or Orphan to enter
into all Lands, Tenements, or Hereditaments whatsoever, which the
Guardian of such Orphan or Ward shall come to the Possession, or
receive the Rents, Issues, or Profits, of, under, or by Colour of the
Right or Title of such Orphan or Ward, or in Virtue or by Occasion
of his or her Guardianship of such Orphan or Ward: And that in
Case the Guardian aforesaid, obtaining the Possession, or coming
into the Perception of the Rents, Issues, and Profits, in Manner
aforesaid, of such Lands, Tenements, or Hereditaments, as afore-
said, shall refuse upon Demand of his Ward or Orphan, under his or
her Care (upon the said Ward or Orphan's attaining his or her Age
as aforesaid) to yield or give up quiet Possession of the same, such
Ward or Orphan shall or may have, or maintain his or her Action,
in which he or she shall recover Possession of the same, and treble
Damages, and full Costs of Suit.

[Guardians
not to
recover any
Lands, &c
for their
Wards, &c.

And be it further Enacted, by the Authority aforesaid, That no
Guardian, or his Heirs or Assigns, or any Person in Trust for, or
for the Use of him or them, shall at any Time recover any Lands,
Tenements, or Hereditaments whatsoever, from or of his or her
Ward or Orphan, under his ur her Care or the Heirs or Assigns of
such Ward or Orphan, upon any Rights or Title, which shall first
wholly fall, come, accrue or vest, by Purchase, by or to, or in Trust,
or for the Use of, such Guardian, of or from any other Person than
the said Ward or Orphan, or some Person claiming by, from or
under, such Ward or Orphan, at any Time after Possession obtained
by such Guardian, in Manner aforesaid, or his or her Perception of
the Rents, Issues and Profits aforesaid, in Manner aforesaid. And
in Case it shall appear, on the Trial of any Cause or Suit whatsoever,
whether for the Recovery of Possession and Damages, or of Damages
only, against such Ward or Orphan, or his or her Heirs or Assigns,
that the Plaintiff shall found his or her Action or Suit, upon any
Right or Title accruing to the Guardian of such Ward or Orphan
by Purchase (except as before excepted) subsequent to the said
Guardian's obtaining Possession of the Lands, Tenements, or Her-
editaments aforesaid, in Manner aforesaid, or his or her Perception
of the Rents, Issues and Profits thereof aforesaid, the said Plaintiff,
whether he or she shall be or have been the Guardian of such Orphan
or Ward, or shall be any other Person claiming in Trust for, or for
the Use of, or by, from or under, such Guardian, shall be Nonsuit ;
any Law, Statute, Usage, or Custom, to the contrary in any wise,
notwithstanding.



 
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Proceedings and Acts of the General Assembly, 1757-1758
Volume 55, Page 694   View pdf image (33K)
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