or she shall have the benefit of the increase, and shall sustain the loss if any shall happen. If any such stock grow too numerous, or if it will be to the advantage of such orphan, his or her guardian shall and may sell, by order of the superior or county court, such part of such stock as such court shall think fit. And all plate shall be preserved and delivered to such orphan when at age, in kind, according to weight and quantity. No guardian shall let or farm out any land belonging to any orphan for a longer term than the orphan be of age, or in other manner than by lease in writing; and that special care be had that the tenant shall improve the plantation; and that he or she keep the house, orchards, and fences thereon, or that shall be erected on the same, in good and sufficient repair, and leave the same so at the expiration of such lease. And that provi sion be made in such lease against all kinds of waste, and employing any timber to any other use than the immediate use of the plantation." The justices of every county court of pleas and quarter sessions in this state, respectively, shall on the first day of the court that shall be held next after the first day of January, in every year, hold an orphan's court for the purpose aforesaid; and every person heretofore appointed, or that shall hereafter be appointed, guardian to any orphan by any court, or by deed or will as aforesaid, shall exhibit such account as aforesaid. And the justices of every court shall, at the same court, examine into all accounts of guardians so to be exhibited to them, and shall direct a summons to issue, returnable to their next court, against all guardians who shall then fail to appear and render such account, whether such guardian be resident in the same or any other county, and shall then also enquire into the abuses and mismanagement of guardians, and whether they, or their securities, are likely to become insolvent, and thereupon to proceed according to the power given by law. And if any such guardian shall wilfully neglect, after being summoned as aforesaid, to appear, or obstinately refuse to exhibit such account, it shall and may be lawful for the court to issue an attachment for such contempt, and commit such guardian until he or she shall exhibit such account. - Nothing however before contained, shall be construed to restrain the power of the county courts of pleas and quarter sessions, in enquiring, as often as they shall think proper, to the abuses and misinanagement of guardians; but that it shall be lawful for them to execute such power at any time or times when to them it shall appear necessary. The grand jury of every county in this state shall, annually, at the orphans' court to be holden for their counties respectively, be charged with, and present to the justices thereof, in writing, the names of all orphan children within their county that they shall know have not guardians appointed them, and are not bound out to some trade or employment; and all abuses, mismanagements, and neglect of such guardians as live within their county. It shall and may be lawful for every guardian to charge in his account all reasonable disbursements and expenses.And if upon rendering such account, it shall appear to the court that such guardian hath, really and bona fide, disbursed more in one year than the profits of the orphan's estate do amount to, for the education and maintenance of such orphan, such guardian shall be allowed and paid for the same out of the profits of such orphan's estate in any other year. But such disbursements must be in the opinion of the court, suitable to the degree and circumstances of the estate of such orphan. Where any person who now is, or hereafter shall be, security for the estate of any orphan, shall conceive himself in danger by reason thereof, and petition the court where such security was entered into, for relief, it shall be lawful for such court, upon petition to them exhibited, forthwith to order. summons to issue against the party or parties with and for whom the petitioner stands bound, returnable to the next court; and thereupon to compel such party or parties to give sufficient other or counter securities, to be approved by the said court, or to deliver up the said estate to the said petitioner, or such other person as the court shall direct; or they may make such other order or rule therein for the relief of the petitioner, and better securing such orphan's estate, as to them shall appear just and equitable. Such court shall take good and sufficient security of the person or persons to whom such estate shall be so committed, in like manner, and under like penalty, as is by the act re quired to be taken of guardians appointed by the court. And every such person shall also exhibit his account, and be subject to the rules and orders of the court, in the same manner to all intents and purposes, as is required of guardians, or they are made subject unto. When any person shall conceive himself injured or aggriev ed by order or sentence of any county court, in appointing The renting and hiring out of all houses, lands, and slaves of any minor, shall be done by public auction; and guardians are required to advertise the same in three or more public places in the county, at least ten days previous thereto. And no such auction shall commence before eleven o'clock in the morning, or after four o'clock in the afternoon of the day appointed, under the penalty of 100%. If any orphan shall not, within three years after he attains the age of twenty-one years, call on his guardian for a full settlement of his guardianship, the securities of such guardian shall be discharged;-saving however the rights of such as may be imprisoned, beyond seas, or non compos mentis, See Limitation. Lands. Executors and Administrators. OVERSEERS OF ROADS. The county courts shall annually appoint overseers of the highways or roads; who are by the act obliged to summon all male taxables from the age of sixteen to fifty (except such persons as are or shall be exempt from public services by the assembly) within their district, to meet at such places and times as to them shall seem convenient, for the repairing or making such roads as shall be necessary; and except such as are or have been heretofore by law excused from appearing at musters, and such as send three slaves, or other three sufficient hands, to work on the public roads. And whosoever shall upon such summons refuse or neglect to do and perform their duty therein, shall forfeit and pay the sum of five shillings per day for each person so neglecting or refusing; to be recovered by a warrant from any justice of the county, and paid by the sheriff or constable to the overseer, and by him to be expended in hiring other hands to work on said roads. Any person refusing to serve as overseer on any road agreeably to the order of the county court in which he resides, shall forfeit and pay the sum of twenty pounds, to be recovered and applied as other fines and forfeitures directed by the law in that case made and provided. But no person shall be com pelled to serve as overseer of a road in any county more than one year in three, nor shall overseers of slaves be exempt from working on roads. The overseer shall give notice to each free person, or the master, mistress, or overseer of slaves, what kind of tools' they and each of them shall bring and work with on the roads, at the time of summoning. The several persons summoned by the overseers to work on the roads as aforesaid, shall not be liable to any fine for not appearing and doing their duty, unless they shall be so summoned three days before the day appointed for working.. It shall and may be lawful for an overseer, if required by the majority of the workmen on the road assigned him, to lay off the road in equal apartments, for the ease of the labourers, who shall finish his or their parts in a time agreed on between him and each free person, master, mistress, or overseer; and on default of any agreeing party, the overseer is authorised to cause such part to be finished by hire of other persons to do the same, and thereon to tender his account and demand payment, and on refusal, to warrant for the same, and to recover the money to his own use. Provided the time agreed upon shall not exeeed ten days, All overseers of roads shall cause to be set up at the forks of all roads within their several districts, a post or posts, with. arms pointing the way of each and every road, with directions to the most public places to which they lead, with the number of miles from that place as near as can be computed; and every overseer who shall neglect or refuse to do and keep the same in repair, shall forfeit and pay for every such neglect the sum of five pounds; to be recovered before any justice of the peace, and applied as other fines are by the law directed. And every person or persons who shall wantonly remove, knock down, or deface the said arms, shall for every such offence forfeit and pay the sum of five pounds. The several overseers of the roads shall cause the public roads within their districts respectively, to be exactly measured, where the same has not already been done, and shall at the end of each mile, mark in a legible and durable manner, the number of such miles ;-beginning, continuing, and marking the numbers, in such manner and form as the courts of the counties shall severally and respectively direct; and each overseer shall keep up and repair such marks and numbers within his district. And every overseer neglecting or refusing to mile mark, or to repair the mile marks within his district, according to the intent and meaning of the act of assembly, for the space of thirty days after their appointment to office, shall forfeit and pay the sum of forty shillings; to be recovered by a warrant before any justice of the peace. |