Pages 247-271 
|  Pages 288-308
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| Pages 247-271
| Pages 288-308
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| CHAP. IV. | ||
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| I. WHEREAS divers wicked and evil disposed persons, intending the ruin and impoverishing his majesty's good subjects, have devised, and, of late, secretly, in the night time, and at other times, when they think their deeds are not known, frequently practised, in several parts of this colony, unlawful and wicked courses, in burning tobacco-houses, warehouses, storehouses, and houses and places where wheat, Indian corn, and other grain is kept, in contempt of the laws, and to the insupportable wrong and damage of many of his majesty's good subjects: For prevention whereof, | Preamble. See Stat. 23, Car. 2, c. 7. | |
| II. Be it enacted by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That all and every person and persons, that shall at any time, either in the night or the day, after the twenty ninth day of September, which shall be in the year of our lord one thousand seven hundred and thirty, maliciously, unlawfully, and willingly, burn any tobacco-house, warehouse, or storehouse, or any house or place, where wheat, Indian corn, or other grain, shall then be kept, or any other houses whatsoever; or shall comfort, aid, abet, assist, counsel, hire, or command, any person or persons, to commit any of the said offences; being thereof convicted or attainted, or being indicted thereof, shall stand mute, or will not answer directly tot he indictment; or shall peremptorily challenge above the number of twenty persons returned to be of the jury, shall be adjudged a felon; and shall suffer death, as in case of felony: And shall not have the benefit of his, her, or their clergy. | Burning certain houses, felony. |
| III. And forasmuch as divers lewd and wicked persons are encouraged to commit robberies in warehouses and storehouses, by the privilege, as the law now is, of demanding the benefit of their clergy: | |
| IV. Be it therefore enacted, by the authority aforesaid, That all and every person and persons, that shall at any time, after the said twenty ninth day of September, either in the night or the day, feloniously break any warehouse or storehouse, and shall take therefrom any money, goods, chattels, wares, or merchandizes, of the value of twenty shillings lawful money, or more, although the owner of such goods, or any other person or persons be, or be not, in such warehouse or storehouse: or shall aid, assist, counsel, hire, or command, any person or persons, so to break and rob any such warehouse or storehouse, and shall be thereof convicted or attainted; or being thereof indicted, shall stand mute, or will not answer directly to the idictment; or shall peremptorily challenge above the number of twenty persons returned to be of the jury, shall, by virtue of this act, be absolutely debarred of and from the benefit of clergy. | Breaking warehouse, or storehouse, and stealing to value of 20s.
felony. See 3 & 4 W. & M. c. 9 & 2 Ann, c. 7. |
| V. And forasmuch as the counsellors and contrivers of theft, and other felonies, and the receivers of goods that have been stolen, are the principal cause of the commission of such felonies; & as the law now is, no accessory can be convicted, or suffer any punishment, where the principal is not attainted, or hath the benefit of his clergy. | |
| VI. Be it therefore enacted, by the authority aforesaid, That from and after the said twenty ninth day of September, if any principal offender shall be convicted of any felony, or shall stand mute, or peremptorily challenge above the number of twenty persons returned to be of the jury, it shall and may be lawful to proceed against any accessory, either before or after the fact, in the same manner as if such principal felon had been attainted thereof; notwithstanding such principal felon shall be admitted to the benefit of his clergy, pardoned, or otherwise delivered, before attainder: And every such accessory shall suffer the same punishment, if he or she be convicted, or shall stand mute, or peremptorily challenge above the number of twenty persons returned to serve of the jury, as he or she | Accessories, when proceeded against. |
| should have suffered, if the principal had been attainted. | ||
| VII. And forasmuch as buyers and receivers of stolen goods, do often times convey away and conceal the principal felons, so that they cannot be convicted of such principal felony, and thereby such buyers and receivers have escaped all manner of punishment; which hath greatly encouraged the buying and receiving of such stolen goods: for remedy whereof, | ||
| VIII. Be it further enacted, by the authority aforesaid, That from and after the said twenty ninth day of September, it shall and may be lawful to prosecute and punish every such person and persons, buying or receiving any stolen goods, knowing the same to be stolen, as for a misdemeanor, to be punished by fine and imprisonment; although the principal felon be not before convicted of the said felony: Which shall exempt the offender from being punished as accessary, lf the principal shall be afterwards convicted. | Receivers of stolen goods, how punished. | |
| CHAP. V. | ||
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| I. WHEREAS the act of assembly, made in the fourth year of the reign of the late queen Anne, declaring how long judgments, bonds, obligations, and accounts, shall be in force; for the assignment of bonds and obligations; directing what proof shall be sufficient in such cases; and ascertaining the damage upon protested bills of exchange; hath been lately repealed, by proclamation, and it is necessary to provide a law, as to several matters therein contained: | Preamble. | |
| II. Be it therefore enacted, by the Lieut. Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That where any bill of exchange hereafter shall be drawn, for the paiment of any sums of money, in which the value is or shall be expressed to be received, and such bill is or shall be protested, for non-acceptance, or non-paiment; the same shall carry interest | Damages on protested bills of exchange. |
| from the date thereof, after the rate of ten per cent. per annum, until the money therein drawn for, shall be fully satisfied, and paid. | |
| III. But, lest any person having any such bill, should, for the sake of the said interest, delay the negotiating the same: Or, if after it shall be protested, shall not demand paiment thereof, of the drawer or indorser, It is hereby declared, That no person whatsoever, shall pay more than eighteen months interest, from the date of any bill, to the time it shall be presented, protested to the drawer, or indorsor or indorsors thereof. | Only for 18 months. |
| IV. And forasmuch, as bills of exchange are accounted in the course of all paiments in this colony, as ready money, it may be reasonable, for advancing the credit of such bills, to make the same a better security than they have been heretofore; and to expedite the recovery of money thereupon: | |
| V. Be it enacted, by the authority aforesaid, That all bills of exchange, heretofore drawn, or hereafter to be drawn, which are, or shall be protested, shall, after the death of the drawer or indorsor thereof, be accounted of equal dignity with a judgment; and the executors or administrators of every such drawer or indorsor, shall be compelled to suffer judgment to pass against them, for all debts due upon a protested bill of exchange, before any bond, bill, or other debt, of equal or inferior dignity, under the penalty of being liable to pay the same out of their own proper goods. | Bills of exchange of equal dignity, with judgments. |
| VI. And be it further enacted, by the authority aforesaid, That where any bill, drawn before the making of this act, is or shall be protested, as aforesaid, there shall be paid to such person or persons as shall have right to demand the same, for his, her, or their damage in that behalf sustained, after the rate of fifteen per cent. for the sum expressed in such bill, and for the costs and charges of protest, and no more. | 15 per cent. damages on bills drawn before this act. |
| VII. And be it further enacted, That it shall and may be lawful for any person or persons, having a right to demand any sum of money due upon a protested bill of exchange, to commence and prosecute an action of debt, for principal, interest, and charges of protest, against the drawers and indorsors jointly, or against either of them separately; and judgment shall and may be given for such principal, and charges, and interest, after the rate of ten per cent. per annum, as aforesaid, | Debt may be maintained against drawers and endorsers. |
| to the time of such judgment; and for interest upon the money recovered, after the rate of six per cent. per annum, until the same shall be fully satisfied. | |
| VIII. And to the end, the recovery of money upon promisory notes, and other writings without seal, may be render'd more easy, Be it enacted, by the authority aforesaid, That if any person or persons shall have signed, or hereafter shall sign, any note, or by any other writing, he, she, or they, have promised or obliged, or shall promise or oblige him, her, or themselves, to pay any sum of money, or quantity of tobacco, to any other person or persons; such person or persons, to whom the same is, or shall be paiable, shall and may commence and maintain an action of debt, and recover judgment for what shall appear to be due thereupon, with costs. | Debt on promisory notes. |
| IX. Provided, That such action be brought within the time appointed for bringing actions, by the act of assembly made in the fourth year of the reign of the said late queen, for the limitation of actions. | Limitation. |
| X. And be it further enacted, by the authority aforesaid, That when any suit shall be commenced and prosecuted, in any court within this colony, for any debt due by judgment, bond, bill, or otherwise, the defendant shall have liberty, upon trial thereof, to make all the discount he can, against such debt; and upon proof thereof, the same shall be allowed in court. | Discounts allowed. |
| XI. And be further enacted, by the authority aforesaid, That it shall and may be lawful, to and for any person or persons, to assign and transfer any bond, or bill, for debt, or any such note, as aforesaid, to any other person or persons whatsoever: And that the assignee or assignees, his and their executors and administrators, by virtue of such assignment, shall and may have lawful power to commence and prosecute any suit at law, in his, her, or their own name or names, for the recovery of any debt due by such bond, bill, or note, as the first obligee, his executors and administrators might or could lawfully do. | Bonds and notes assgnable. |
| XII. Provided always, That in any suit commenced upon such bond, bill, or note, so assigned, the plaintiff shall be obliged to allow all discounts that the defendant can prove, either against the plaintiff himself, or against the first obligee. | Discounts allowed. |
| CHAP. VI. | ||
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| I. WE your majesty's most dutiful and loial subjects, the burgesses of this your majesty's most antient colony and dominion of Virginia, now met in Assembly, taking into our serious consideration, the expediency of raising a competent revenue, for defraying such expences of your majesty's government here, as must otherwise be discharged by a poll tax; which hath frequently been very grievous and burthensome to the subjects of the said colony, and occasioned great discontents and uneasiness among them; have given and granted to your majesty, the several duties hereafter mentioned, for and during the term hereafter expressed. And we do most humbly beseech your majesty, that it may be enacted: | Preamble. | |
| II. And be it enacted, by the Lieut. Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the several duties of three pence for every gallon of rum, brandy, and other distilled spirits; and for every gallon of wine, granted by an act of assembly, made in the twelfth year of the reign of our late sovereign lord king George the first, intituled, An Act for laying a duty on Liquors, shall be continued from the tenth day of June, in the year one thousand seven hundred and thirty one; and shall be raised, levied, collected, answered, and paid, unto his majesty, and his successors, until the tenth day of June, in the year one thousand seven hundred and thirty four, and no longer. And that the said act, and all powers, provisions, penalties, articles, and clauses therein contained, concerning the said duty of three pence only, shall continue, and be of full force and effect, until the said tenth day of June, one thousand seven hundred and thirty four; and shall be applied, practised, and executed, for the raising, levying, collecting, answering, and paying, the said duties hereby continued, according to the tenor and intent of this present act. | Continuance of former acts. | |
| III. Provided always, and it is hereby enacted, That all liquors whatsoever, liable to the said duty, which | Liquors, when forfeited. |
| shall be landed, put on shore, or delivered, contrary to the directions and true intent and meaning of this act, or the value thereof, shall be forfeited and lost: And shall and may be recovered of the master of the ship or vessel, who imported the same, or of the owner of such liquor. | |
| IV. Provided also, That it shall and may be lawful for the owner or owners of any liquors imported, liable to the said duty, upon the entry thereof with the collector of the said duties, to make oath to his or their account, of the number of gallons contained in every cask so imported, before any justice of the peace of this colony: And such collector, upon his or their producing a certificate from such justice, of such oath made, on the back of the invoice of such liquors, shall and may, and is hereby required to issue his warrant for landing or delivery thereof. | Where owner may make oath. |
| V. Provided also, That any person or persons, who shall, at any time, within six months after the importation of any such liquors, be desirous to export the same, or part thereof, shall be entitled to the allowance or drawback of the whole duty or custom, by him or them paid for such liquors. | Drawback. |
| VI. Provided also, and it is hereby enacted, That no greater duty or custom, than half the duties aforementioned, shall be required or paid for any liquors whatsoever, imported in any ship, or other vessel, wholly and solely belonging to the inhabitants of this colony, any thing in this act before contained, to the contrary thereof, in any-wise, notwithstanding. | Virginia owners, privilege of. |
| VII. And whereas, it is found to be detrimental to persons, importing money for paiment of the duties of liquors by them imported, by reason such persons are obliged to keep the specific money for that purpose: For remedy whereof, | |
| VIII. Be it enacted, by the authority aforesaid. That if any person or persons whatsoever, shall import into this colony, any sum or sums of money, for paying the duties of such liquors by him or them to be imported, he or they may make proof thereof, before any collector of such duties, who shall certify the same. And upon such person or persons producing such certificate to any collector of such duties, such collector is hereby authorized and required to make an abatement or allowance of fifteen per cent. in the paiments of such duties, | Encouragement to import money. |
| on any liquors by him or them afterwards imported into this colony, until such sum or sums of money imported, shall be all paid away. And upon paiment of any lesser sum, than is mentioned in such certificate, to such collector for the duties of liquors, such collector shall indorse the sum, so by him received, on the back of such certificate. | |
| IX. And be it further enacted, by the authority aforesaid, That upon all actions, suits, or information to be brought; or where any seisure of any liquors liable to a duty or custom, by virtue of this act, shall be made; if the property thereof be claimed by any person or persons, as the importer thereof, in such case, the onus probandi shall lie upon the owner or claimer of such liquors. | Onus probandi, on whom to lie. |
| CHAP. VII. | |
| An Act for the better regulation and paiment of the Burgesses wages. | |
| I. WHEREAS, divers doubts and controversies have heretofore arisen, concerning the paiment of the wages established by law, for the burgesses elected to serve in the general assembly; who, by reason of their private affairs, are absent from their service in the house of burgesses: For removing the like controversies for the future, | Preamble. |
| II. Be it enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after this session of assembly, no burgess or burgesses so elected, or to be elected; nor any burgess or burgesses elected, or to be elected, to serve for any corporation in this dominion, shall demand, take, or receive, any salary or wages, for his or their service in the house of burgesses, for any day or days on which he or they shall fail to attend in the said house; except for such Sundays as shall happen and be within the time of the session, and for such and so many days as are by law allowed to each burgess, for coming to, and returning from the general assembly. | Absent members to receive no wages. |
| III. Provided nevertheless, That if any burgess shall be taken sick or lame, during his attendance on any session of assembly, or in his journey to such session, so that he shall be unable to attend the service of the house of burgesses; such burgess shall be allowed and paid, for every day of such session on which he shall be unable to attend, as aforesaid, in the same manner, as if he had attended the service of the house; any thing in this act, to the contrary, notwithstanding. | Unless absent by sickness. |
| IV. And, for obviating all doubts which may arise, touching the application of the public money, which now is, or hereafter shall be, in the hands of the treasurer of this dominion, for and towards paying the wages of the burgesses; and thereby lessening the levy, by the poll: | |
| V. Be it enacted, and declared by the authority aforesaid, That when any session of assembly shall be hereafter held, and upon examination of the treasurer's accounts, it shall appear, that there are monies sufficient in his hands to discharge all the money debts, due from the public, together with the burgesses wages, and the salaries and allowances to the respective officers of the general assembly, leaving and reserving in the hands of the said treasurer, over and above the said paiments, a ballance of one thousand five hundred pounds at the least, then every burgess elected, and serving for any county, or corporation, within this dominion, shall be paid out of the said public money, the sum of ten shillings, for each day he shall serve in the house of burgesses; together with the like wages for his coming to, attending at, and returning from, such general assembly, in lieu of all other demands for his said service: And thereupon, it shall and may be lawful for the governor or commander in chief of this dominion, upon certificate from the speaker of the house of burgesses, of the time of each member's attendance, to issue his warrant to the treasurer of this dominion, for the time being, for the paiment of the wages of such burgess or burgesses, together with the pay for all the days allowed by law, for his or their travelling to and from the said general assembly; and also the expence of ferriages. | When wages may be paid in money. Wages. How drawn. |
| VI. Provided always, and it is hereby declared to be the true intent and meaning of this act, That where any burgess is, or shall be obliged to come to the general assembly, by water, such burgess shall only be allowed | Burgesses coming by water. |
| nine shillings per diem, for his wages: And there shall be paid, for bringing the burgesses of any one county, coming by water, for a boat and two men, if such be emploied by them, and their necessary provisions, three shillings and six pence, for each day such boat and hands shall be emploied in that service. | |
| VII. And for the counties of Accomack, and Northampton, for defraying the charge of one sloop, and two men, for each county, with their necessary provisions, the sum of six shillings, for each day such respective sloop and hands shall be upon that service, in lieu of the tobacco allowed by law, for the purposes aforesaid. | For Accomack and Northampton. |
| VIII. And be it further enacted, by the authority aforesaid, That it shall not be lawful for the courts of the respective counties, to levy for, nor the treasurer of this colony, for the time being, to pay unto, any burgess or burgesses, any salary or wages, for those days on which he or they shall fail to attend, as aforesaid; except in the case of sickness or lameness, herein before provided for, and excepted. | No wages for absentees to be levied, or paid. |
| IX. And whereas, since the making the act of assembly, for settling the allowances to burgesses, for coming to, attending at, and returning from, the general assembly, the several counties of Brunswick, Spotsylvania, Prince William, Goochland, Hanover, Caroline, and King George, have been erected, and no allowance is settled for the burgesses of those counties, for coming to, and returning from, the general assembly. | |
| X. Be it therefore enacted, by the authority aforesaid, That to the burgesses, for the counties of Brunswick, Spotsylvania, and Prince William, there shall be allowed four days; and to the burgesses for the counties of Goochland, Hanover, Caroline, and King George, three days, for coming to, and as many days for returning from, every session of the general assembly. | Traveling expences from new counties. |
| CHAP. VIII. | ||
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| I. WHEREAS, by one act of assembly, made in the ninth year of the late queen Anne, intituled, An Act, directing the manner of granting Probats of Wills, and administrations of Intestates Estates, all the negroes, goods, and chattels of any person or persons dying in this colony, (except in the case therein excepted) are to be appraised by persons to be appointed and sworn for that purpose: And it frequently happens, either through the ignorance or partiality of appraisers, that such estates have been valued at much less than the true worth; and yet, by a construction of the said act, it is held, that executors, and administrators, are only answerable and accountable for such appraised value, to the great injury of creditors and orphans: Yet, on the other hand, it hath sometimes happened, that slaves, goods, and chattels, being taken in execution, to satisfy the debts of a dead person, have been sold for less than the appraisement: and the executor, or administrator, in that case, must abide the loss: | Preamble. | |
| II. And whereas also, it hath been the practice of some executors, and administrators, to use the goods and chattels of their testator, or intestate, for several years; and then they think themselves at liberty to deliver the same, at the appraised value, to the orphans, in satisfaction of their demands: Whereupon divers controversies have arisen: | ||
| III. For the prevention of which mischiefs and inconveniences for the future; and to the end, all occasions of controversy, in the cases aforesaid, may be removed, |
| IV. Be it enacted, by the Lieut. Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That from and after the passing of this act, whenever the general court, or any county court in this colony, shall, pursuant to the methods prescribed by the said act, grant a certificate to any executor, or administrator, for the obtaining a probat, or letters of administration; such court may and shall appoint appraisers to value the estate; who shall be sworn, and return their appraisement, in the same manner as hath heretofore been used: And such appraisement may be given in evidence, in any action or suit that shall be brought against such executor, or administrator, to prove the value of the estate; but shall not be binding, either upon the executor, administrator, creditor, or other person whatsoever, where it shall appear, by any other legal proof, that the goods and chattels, were really worth, or were bona fide, sold for more, or less, than such appraisement. | When estates need not be appraised. How far appraisement binding. |
| V. And be it further enacted, by the authority aforesaid, That all executors, and administrators, as soon as conveniently the same may be done, after the debts of their testator or intestate shall be fully satisfied and paid, shall sell and dispose of all such goods and chattels of such testator, or intestate, (specific legacies excepted,) as are or may be liable to perish, consume, or be the worse by using, or keeping, for the most that can be got for the same, in money, by public sale or auction. And shall and may, for the enhancing the price thereof, give credit, upon good security, for what time such executor or administrator shall think fit, having regard to the circumstances of such estate, and the time when the legacies will become due, or distribution of such estate is to be made. And when such goods and chattels shall be so, bona fide, sold, the executor or administrator shall be answerable for the value of such sale, and no more. And in case any executor or administrator shall sell any of the goods of his testator or intestate, to be paid for at a future day, the buyer shall enter into bond, to such executor, or administrator, with one or more sureties, or shall give some other sufficient security, for the paiment of the money accordingly: And the executor or administrator, after the time of such paiment is past, shall take and pursue all lawful | Perishable goods, to be sold. |
| ways and means to receive and recover the money, upon pain of being answerable for the same himself: And if the same shall not be received before the legatees or other persons entitled to a distribution of such money, shall have a right to demand the same; it shall and may be lawful for the executor or administrator, to assign such bond, or other security, to such legatee, or other person, aforesaid: And such assignment shall discharge such executor, or administrator, for so much, against him or them. | Bonds may be assigned to legatees, &c. |
| VI. Provided nevertheless, That if after such assignment, the obligor or obligors in such bond become insolvent, so as the money for which such bond or other security was given, be lost, such loss shall be made good to the assignee, out of the estate of the said testator or intestate. | Estate liable if obligor prove insolvent. |
| VII. Provided also, That if any person, by his last will and testament, shall direct, that his goods and chattels shall not be appraised, or shall be preserved in specie, and not sold; nothing in this act shall extend, or be construed to controul such last will, but the same shall and may be pursued and fulfilled. | |
| VIII. And forasmuch, as the preserving of neat cattle, and their increase, may be of great advantage to orphans, for the improving their lands, Be it further enacted, by the authority aforesaid, That where any person shall die intestate, leaving sufficient to satisfy his debts, besides negroes, slaves, and neat cattle, the heir at law being under age, such cattle shall be kept upon the lands and plantation of the heir at law, until he shall come of age; and he shall have the benefit of the increase, and bear all loss, if any shall happen. | Cattle to be preserved for the heir. |
| IX. Provided nevertheless, That the administrator of such estate, or guardian of such orphan, in case such stock grow too numerous, or if it will be to the advantage of such orphan, shall and may sell such part of such stock, as he shall think fit: And also, that such heir at law shall satisfy and pay unto the other children, or such other persons, as shall be entitled to a distribution of such intestate's estate, their proportionable parts of the value of such stock of cattle, as shall be left at the time of the death of such intestate. | When they may be sold. Heir to account for appraised value. |
| X. And whereas, by the said act of assembly, It is declared, That where any person or persons shall die intestate, leaving a crop of tobacco, Indian corn, wheat, | Explanation of former act. |
| or other grain, on the ground, unfinished; or dying testate, shall not have otherwise directed; the servants and slaves emploied in such crop, shall be continued on the plantations, until the five and twentieth day of December following, for the finishing such crop: And such crop so made and finished, shall be deemed assets in the hands of the executor, or administrator; whereupon, it may be questioned, Whether the same shall extend to the whole crop, when only some part of it is planted or sown? And whether the whole crop shall be assets, without deducting the charges hat are incident to the making the same? For making the same more clear, | |
| XI. Be it further enacted, by the authority aforesaid, That where any person shall die, between the first day of March, and the five and twentieth day of December, the servants and slaves, which such person was possessed of, at the time of his or her death, shall be continued and emploied upon the several plantations held and occupied by the deceased person, until the twenty fifth day of December in that year, for the making and finishing a crop of tobacco, corn, or other grain; and such crop so made and finished, shall be deemed assets, as aforesaid, after the charges of cloathing and feeding the servants and slaves so emploied therein; and also the expence of tools and utensils for them to work with, and the quit rents of the land whereon they work, and other incident charges, shall be deducted. | Slaves, when to be continued on plantation, and the crops assets. |
| XII. And whereas, executors, and administrators of such persons, who possess themselves of personal estates of other dead persons, and convert the same to their own use, are not liable, by the rules of the common law, as it now stands, in this colony, to pay the debts of such persons, whose estates have been so converted by their testator or intestate. For remedy whereof, | (30 Car, 2, c. 7.) |
| XIII. Be it enacted, by the Lieut. Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That all and every the executors, and administrators, of any person or persons, who, as executor or executors, in his or their own wrong, and the executor or executors, administrator or administrators of any executor, or administrator, of right, who shall waste, or convert to his own use, goods, chattels, or estate, of his testator or | Executors and adm'rs of ex'rs and adm'rs liable as 1st testator or intestate. |
| intestate, shall, from henceforth, be liable and chargeable, in the same manner, as his or their testator, or intestate should or might have been. | |
| XIV. And be it further enacted, by the authority aforesaid, That from and after the passing of this act, actions of account shall and may be brought and maintained against the executors, and administrators of every guardian, bailiff, and receiver; and also, by one joint tenant, or tenant in common, his executors, and administrators, against the other, as bailiff, for receiving more than comes to his just share or proportion, and against the executor, and administrator of such joint tenant or tenant in common. | (Stat. 4 Anne, c. 16, sec. 27.) [No, but
possibly 4 Anne, c. 33, sec. 13] Actions of account. |
| XV. And be it further enacted, by the authority aforesaid, That where any person hath, or shall have, any child or children, under the age of twenty one years, and not married, at the time of his death, it shall and may be lawful, to and for the father of such child or children, whether born at the time of the decease of the father, or at that time, in ventre sa mere; or whether such father be within the age of one and twenty years, or of full age, by his deed executed in his lifetime, or by his last will and testament, in writing, in the presence of two or more credible witnesses, in such manner, and from time to time, as he shall respectively think fit, to dispose of the custody and tuition of such child or children, for and during such time, as he or they shall remain under the age of one and twenty years or any lesser time, to any person or persons, in possession, or remainder, other than Popish recusants. And that such disposition, of the custody of such child or children heretofore made, or hereafter to be made, shall be good and effectual against all and every person or person claiming the custody or tuition of such child or children, as guardian in soccage, or otherwise. −−− And that such person or persons, to whom the custody of such child or children hath been, or shall be disposed, or devised, as aforesaid, shall and may maintain an action of ravishment of ward, or trespass, against any person or persons which shall wrongfully take away or detain such child or children, for the recovery of such child or children; and shall or may recover damages for the same, in the said action, for the use and benefit of such child or children. | Guardianship of children, how disposed of. Action by guardian. |
| XVI. And be it further enacted, That such person or persons, to whom the custody of such child or children hath been, or shall be so disposed or devised, shall and may take into his or their custody, to the use of such child or children, the profits of all lands, tenements, and hereditaments, of such child or children; and also the custody, tuition, and management, of the slaves, goods, chattels, and personal estate; of such child or children, till their respective age of one and twenty years, or any lesser time, according to such disposition aforesaid; and may bring such action or actions, in relation thereunto, as by law, a guardian in common soccage might do. | Power of guardians. |
| XVII. Provided, That this act shall not extend to discharge any apprentice from his apprenticeship; nor to take away the power of the general court, or county court, upon complaint to them made, of such guardian abusing the trust reposed in him, by misusing the child or children under his tuition, or neglecting the care of their education, suitable to their estate, or wasting the estate of such child or children; to make and establish, from time to time, such rules, orders, and decrees, for securing the estate, and for the better education and usage of such orphans, as they, in their discretion, shall judge meet and necessary. | |
| XVIII. And whereas, great abuses have been committed by guardians of orphans, in not keeping just and regular accounts of the profits of the estates under their management; and the justices of many county courts, have been very negligent in taking proper measures, for the examining and inspecting the accounts of guardians, from time to time, and in looking into the securities given by such guardians; from whence many inconveniences have proceeded. For prevention whereof for the future, | |
| XIX. Be it further enacted, by the authority aforesaid, That wherever a guardian shall be appointed to any orphan, by the general court, or by any county court, such guardian shall, at the next court after such appointment, exhibit an account, upon oath, of all the estate of such orphan, which he shall have received into his hands, or the said orphan shall be entitled to: And such court shall, once every year, compel all guardians heretofore, or hereafter to be by them appointed, to exhibit his account and state of the profits | Duty of guardians. |
| of the estate of such orphan, upon his oath; and such accounts so to be exhibited, shall be entered, by the clerk, in a book to be provided and kept for that purpose only: And when the said courts shall respectively know, or be informed, that any guardian or guardians by them respectively appointed, do waste or convert the money or estate of any orphan, to his or their own use; or do, in any manner, mismanage the same; or do not take due care of the educating and maintaining of any orphan, according to his degree and circumstances; or where such guardian, or his securities, are likely to become insolvent, such court shall have power, from time to time, to make and establish such orders and rules, for the better ordering, managing, and securing, such estate; and for the better educating and maintaining such orphans; or to appoint another guardian, as they, in their discretion, shall think most fit and expedient. | Power of courts, over guardians. |
| XX. And be it further enacted, by the authority aforesaid, That it shall & may be lawful for such guardian, to charge in such account, all reasonable disbursements & expences: And if, upon rendring such account, it shall appear to such court, that such guardian hath really, and bona fide, disbursed more than the profits of such orphan's estate do amount unto, for the education and maintenance of the orphan; such guardian shall be allowed and paid, so much as he shall have disbursed, more than the amount of such profits, out of the principal estate of such orphan. | Allowance to guardians and executors. |
| XXI. Provided, Such disbursements be suitable to the degree and circumstances of the estate of such orphan. And that all executors, and administrators shall be allowed in their accounts, all reasonable and necessary charges and disbursements which they shall lay out and expend, for selling any estate, and receiving the money upon such sale, pursuant to this act; and also for collecting and receiving the out-standing debts of any testator, or intestate; and no other allowance whatsoever. |
| Pages 247-271
| Pages 288-308
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