jured by such suretyship, they may petition the superior court of the county wherein they stand bound, for relief; which court shall summon the administrator to appear, and thereupon make such order or decree as shall be sufficient to give relief to the petitioner.* nistratrix 24. Sec. IX. If any widow, after having obtained letters of ad- If a widow ministration, shall marry again, it shall be in the discretion of the who is admijudge of the superior court, to revoke the administration to her granted, shall marry or join one or more of the next of kin to the intestate, in the adminis- may be done. tration with her. again, what Debts in be paid. 25. Sec. X. The debts due by any testator or intestate, shall be paid by executors and administrators in the order following, viz. fu- what order to neral and other expenses of the last sickness; charges of probate and will, or of the letters of administration; next debts due to the public; next judgments, mortgages, and executions; the eldest first; next rent; then bonds or other obligations; and lastly, debts due on open accounts; but no preference whatever shall be given to creditors in equal degree, where there is deficiency in assets, except in cases of judgments, mortgages that shall be recorded, from the time of recording, and executions lodged in the sheriff's office, the eldest of which shall be first paid; or in those cases where a creditor may have a lien on any part of the estate. Every executor or adminis- Six weeks trator shall give six weeks notice by advertisement in one of the pub-given to crelic gazettes in this state, or at three different places of the most pub- ditors. lic resort in the county, for creditors to render an account of their demands; and they shall be allowed twelve months to ascertain the debts due to and from the deceased, to be computed from the probate of the will or granting letters of administration. And creditors neg- Creditors lecting to give in a state of their debts within the time aforesaid, the must make executors or administrators shall not be liable to make good the same, months or nor shall any action be commenced against any executor or adminis- or adm'r not trator for the recovery of the debts due by the testator, or intestate, liable out of until twelve months after such testator or intestate's death. notice to be demand in 12 the ex'r tate. their own 26. Sec. XI. All and every the executors and administrators of Estates of exany person or persons, who as executor or executors in his or their own ecutors in wrong, or administrators, shall waste or convert any goods, chattels, wrong, liable. estate, or assets of any person deceased to their own use, shall be liable and chargeable in the same manner as their testator or intestate would have been if they had been living.† Sec. XII. [Authorizing the sale of real estates; re-enacted in 1811, and again in 1816, see sec. 74.] Sec. XIII. [Declaring the acts of 1764, (see sec. 1, &c.) and the act of 1789, (sec. 14, &c.) to be in force where they apply and are not repugnant to this act.] And to the end that permanent provision be made for the poor, court are to poor, bind 27. Sec. XIV. Be it enacted, &c. That the inferior courts in the Justices of several counties in this state shall have power to inquire into the cir- the inferior cumstances of the poor, bind out orphans, and appoint guardians, in provide for the manner pointed out by law, and appoint overseers over the poor; out orphans, Provided, that no justice of the inferior court shall be appointed an appoint overseer of the poor. And the said justices and overseers of the overseers, &c. poor, shall have power to levy annually a tax, and assess all taxable May levy a property returned in their respective counties, not exceeding one *It may be a question whether the jurisdiction given to the superior court in this, and the 16th section is ousted by the subsequent statutes, see sec. 31, 60, or is retained concurrently with that expressly given to the courts of ordinary in sec. 38, 47, 48, and 67. + And see sec. 41. guardians, poor tax. Collectors to per cent. Shall make the inferior court. fourteenth part of the general tax of such county annually, which shall be collected by the tax-collector of the county, who shall be alreceive five lowed at and after the rate of five per centum on the nett amount of such collection, and who shall at the first inferior court, after the his returns to first Monday in May annually, make to the justices of the inferior court a true return of the state of the collection of such tax, and a report in writing of his proceedings, and shall therein fairly state the amount of his collection; and that the tax-collector's statements and collections so made up, shall be filed of record in the clerk's of Mode of col- fice, open to the inspection of any person interested therein. And in case any person or persons shall refuse or neglect to pay such tax, it shall and may be lawful for the sheriff of the county to distrain for the same, in like manner as the collectors are authorized to distrain for the general tax, and shall have the like commissions therefor, and the money arising from the said tax shall be paid into the hands of the said overseers, for the relief of the poor; and the said overseers shall, once in every year, make up their accounts and lay the same before the justices of the said court, who shall express their approbation or disapprobation of the same on the back of the said accounts so to be produced. lection. Where the contracting land dies, the rect his exe niinistrators to execute titles. Application Advertisement three months. An Act to authorize and empower Executors and Administrators to make Titles to Land in certain cases.-Passed February 15, 1799. Vol. I. 218. 29. Sec. I. Where it shall clearly and indisputably appear, that vender of any person or persons hath, or have entered into any bond, obligacourt of ordi- tion, or other agreement in writing, whereby they were bound to nary may di- make titles to any lands, tenements, or hereditaments, and shall die cutors or ad- Without having performed the same, or making provision therefor by will, the person or persons to whom such bond, obligation, or other agreement in writing as aforesaid was given, shall petition the to the court. court of ordinary of the county in which the executors or administrators reside, and annex a copy of such bond, obligation, or other agreement thereto, praying the court to direct the executors of such testator, or administrator of such intestate, to make titles for the lands, tenements, or hereditaments, expressed in the said bond, obligation, or other agreement; whereupon the said court shall give at least three months notice, in one of the public gazettes, and in the public places of the county, of such application; and that the executors or administrators will be directed, at the court to be held at the next term, to make titles agreeably to such bond, obligation, or agreement; and if no objection shall be made thereto during the said next term, it shall and may be lawful for the executors of such testator, or the administrators of such intestate, on application made to him or them for that purpose; and upon its being made known to his, her, or their satisfaction, that the contract hath been carried fairly into effect, on the part of the person or persons to whom such bond, obligation, or other agreement in writing was made, or their legal representatives, and the amount of the purchase money, or the Titles may be I consideration for which the said contract was entered into shall be the direction fully paid or performed, with the concurrence of the court of ordinary of the county in which the intestate died or resided at the time of his or her decease; to make and execute titles in fee simple for such lands or tenements, and fully and completely perform the con made under of the court. But see sec. 84. dissent, an tract and agreement of the deceased, as perfectly and effectually, to all intents and purposes, as the party having made the said contract might or could have done when in life, any law to the contrary notwithstanding: Provided always nevertheless, and be it further enacted, If the heirs that if any of the heirs or legal representatives of the deceased shall action must oppose or dissent to the making of such titles by the executor or ad- be brought. ministrator, such executor or administrator shall withhold and forbear to make such title or titles, until a suit shall be instituted against him or them, and a verdict of a jury, or judgment of the court, shall pass against him for that purpose. in the clerk's 30. Sec. II. It shall be the duty of such executor or executors, Description administrator or administrators, in all cases where titles to lands are and the bond of the land, made in virtue of this act, to make a fair statement thereof, describ- must be filed ing the boundaries and situation of the land, and return the same, office of the together with the bond, obligation, or other agreement in writing, said court. which may have been taken up upon making such titles, to the court of ordinary, to be filed in the clerk's office of that court, subject to the inspection of all persons interested.* An Act to carry into effect the sixth section of the third Article of the of the court 31. Sec. 1. From and after the passing of this act, the inferior Jurisdiction courts in each county shall have jurisdiction and authority to hear of ordinary. and determine all causes, matters, suits, and controversies, testamentary, which shall be brought before them, touching the proof of wills; and shall examine and take the proof of wills, grant probate thereof, and shall hear and determine the right of administration of estates of persons dying intestate, and to do all other things touching the granting letters testamentary, and letters of administration, according to law and right; and shall appoint its own clerk, who shall be commis- The court sioned by the governor, and before he enters on the duties of his office, shall take an oath well and truly to perform the duties required of him as clerk of the court of ordinary, to be administered by one of the judges thereof.† shall appoint a clerk. for letters of made to the shall give no before the 32. Sec. II. All applications for letters of administration shall be Application made to the clerk of such court of ordinary, who shall give notice administrathereof in one of the public gazettes of this state, and by advertise- tion must be ment at the court-house of such county, at least thirty days before clerk, who the sitting of the said court of ordinary; and such clerk may at his tice thereof discretion grant letters to collect and take care of the effects of the thirty days deceased, until the meeting of such court; and the said court shall sitting of the also grant such letters in all cases where there shall be an appeal from the determination thereof to the superior court, and in either may grant case, the person obtaining such temporary letters of administration, shall give bond and security for the faithful performance of the trust may grant reposed in such person or persons. court. The clerk letters ad co legendum, &c. The court letters pendente lite. may grant 33. Sec. III. The clerks of the courts of ordinary, in the several Such clerk counties, shall grant marriage licenses, directed to any judge, justice marriage liof the inferior court, justice of the peace, or minister of the gospel,§ censes, As to cases where the obligee, and where both parties are dead, see sec. 49, 50. See sec. 60, further defining the court, and its jurisdiction. : See sec. 52: 6 Who must make return thereon to the clerk, sec. 51. be published. to join persons of lawful age, and authorized by the Levitical degrees or hanns may to be joined together in matrimony; and where such persons intending to marry shall have the banns of marriage published three times in some public place of worship, it shall be lawful for such judge, justice of the inferior court, justice of the peace, or minister of the gospel, being duly certified thereof, to marry the persons whose 500 dollars banns have been so published; and any person marrying any couple any person to without such license or publication of such banns, shall forfeit 500 marry a cou- dollars, to be recovered for the use of the academy of the county, by license or action of debt in any court having cognizance thereof, in the name of publication of the commissioners of such academy. forfeiture for ple without banns. Clerk's fees. No entails. Clerks to enter the names of all executors, adminis guardians, and of their securities. 34. Sec. IV. The fees of the clerk of the court of ordinary shall be the same as the fees heretofore allowed to registers of probates. Estates shall not be entailed. 35. Sec. V. 36. Sec. VI. So much of the said recited act as comes within the purview of this, shall be, and the same is hereby repealed. An Act for the better protection and security of Orphans, and their 37. Sec. I. From and after the passing of this act, it shall be the duty of the clerks of the courts of ordinary, in the respective countrators, and ties, to enter into a book to be kept for that purpose, the names of all the executors, administrators, and guardians, which may have been, or shall in future be appointed in the several counties, together with the names of their securities, which book shall at all times be subject to the examination of the inferior court, and of such other person or persons as may be interested therein. All such pertbe first court return an ac of such es tate, which 38. Sec. II. All guardians, executors, and administrators, herefoot tofore appointed, and which shall hereafter be appointed, shall at the in every year, next inferior court, after the expiration of nine months, in the recount on oath spective counties after the passing of this act, exhibit an account on oath of all the estate of such orphan or deceased person, which he or they shall have received, to be entered by the clerk of the court of ordinary, in a book to be kept for that purpose only ;* and when book kept for such court shall know or be informed that any such guardian, execuWaste of tors, or administrators, shall waste, or in any manner mismanage the by guardians estate of such orphan or deceased person, or does not take due care and adminis- of the education and maintenance of such orphan, according to his, prevented. her, or their circumstances, or where such guardian, executor, or shall be entered by the clerk in a that purpose. such estates, trators, how administrator, or his, her, or their securities are likely to become insolvent, such court may make such order for the better managing and securing such estate and educating and maintaining such orphan, as they shall think fit. 39. Sec. III. It shall be the duty of all such guardians, executors, and administrators, to render a full and correct account of the state and condition of such estates as they may severally have in their possession, to the first term of the inferior court in the respective counties, in which they shall severally be appointed in every year, which account shall contain a statement of the transactions of the estate to the last day of December preceding such court; and the said courts shall yearly at the court aforesaid, examine the accounts of such guardians, executors, and administrators, so to be ex * Thus far re-enacted with amendments, in sec. 63. sue against their returns. into abuses hibited,* and shall direct process to issue returnable to the next Process to iscourt against all guardians, executors, and administrators then failing those who do to appear, and render such account whether he, she, or they be re- not make sident in the same or any other county; and shall also inquire into The court the abuses or mismanagements of all guardians, executors, and ad- way inquire ministrators; and whether they or their securities are likely to be- and correct come insolvent or not, and thereupon to proceed according to the powers hereinbefore given by this act: Provided that nothing here- Proviso. in contained shall be construed to restrain the said inferior courts from inquiring, as often as they shall think proper, into the abuses and mismanagement of guardians, executors, and administrators, but they may exercise such powers at any time when it shall appear necessary. them. reasonable meats and bind out poor 40. Sec. IV. All guardians shall be allowed, in their account, to Guardians to charge all reasonable disbursements and expenses, suitable to the be allowed circumstances of the orphan committed to his care. And where it disburseshall appear to the said court that the annual profits of the estate of expenses. any orphan is not sufficient for the education and maintenance of such Court may orphan, it shall be the duty of such court forthwith to bind out the orphans. said orphan for the whole or such part of the time of such orphan's minority as to them shall seem best; and the person to whom such orphan shall be bound, shall undertake to clothe and maintain such apprentice in such manner as the said court may direct, and shall cause such apprentice to be taught to read and write the English language, and the usual rules of arithmetic. And in all cases where it In case of shall appear to the court, that any person to whom any orphan shall of the guarbe bound in manner aforesaid, shall misuse or ill treat such orphan, court may or shall fail to comply with the condition on which such orphan was bind the orbound, it shall be the duty of the said court, on due notice and proof other person. thereof, to take the said orphan out of the possession of such person, and bind him or her to some other person. misbehaviour dian, the phan to some dian, execu shall die 41. Sec. V. When any guardian, executor, or administrator, If any guarchargeable with the estate of any orphan or deceased persons, to tor, or admi him, her, or them committed, shall die so chargeable, his, her, or nistrator, their executors or administrators shall be compellable to pay out of chargeable as his, her, or their estate, so much as shall appear to be due to the such, their estate of such orphan or deceased person, before any other debt of be liable for such testator or intestate, An Act to amend an Act, entitled, &c. [Act of 1789, see sec. 14.] This act passed December 12, 1804. Vol. II. 193. estate shall the same before any, other debt. of distribu tates' estates. children. 42. Sec. I. When any person holding real or personal estate The manner shall depart this life intestate, the said estate, real and personal, shall ting intesbe considered as altogether of the same nature, and upon the same footing, so that in case of there being a widow and child, or children, Widows and they shall draw equal shares thereof, unless the widow shall prefer her dower, in which event she shall have nothing further out of the real estate, than such dower; but shall nevertheless receive a child's part or share out of the personal estate. And in case any of the children shall die before the intestate, their lineal descendants shall stand in their place and stead In case of there being a widow and no child, or children, or representative of children, then the widow shall draw a moiety of the estate, and the other moiety shall go to the next of kin, in equal degree, and their representatives: If no Thus far re-enacted in sec. 63. + As to when she shall make her election, see sec |