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shall resist, fly or run away, so as such Indian or Indians cannot be apprehended or taken, whereby it may happen that such Indian may be wounded or killed in the pursuit.
It is hereby enacted and declared, That the person or persons killing or wounding such Indian or Indians shall incurr no penalty or prosecution for the same.
And be it further enacted, That if at any time dureing Reward for the continuance of this act, any inhabitant of this colo- taking an In
dian who had ny shall be killed or wounded by an Indian, there shall
killed awhite be paid to any person or persons that shall upon fresh person. pursuit take and secure such Indian so as he may be brought to tryal for the said fact, a reward of twenty pounds, current money of Virginia, by the general assembly of this colony. - And if such Indian shall resist so as he cannot be apprehended alive, any person or killed, if they
Indians to be persons that shall in that case shoot or kill such Indian, resist. shall receive the like reward of twenty pounds, current money, to be paid as aforesaid.
And be it further enacted, by the authority aforesaid, That there shall be levyed and paid to every lieutenant,
Pay of lieu. or commander of the rangers, for himself, his horse, tenant and with accoutrements, arms and ammunition, for his service for one year, five thousand pounds of tobacco, with cask, and in proportion to that for a lesser time than a year. And to every man listed under such lieutenant or commander, for himself, his horse, with accoutrements, arms and ammunition, for his service for one year, three thousand pounds of tobacco, with cask, and in proportion to that for a lesser time than a year, out of the public levy, which tobacco shall be levyed and raised in the county where such lieutenant and rangers reside, or in some one or more of the next adjacent countys. And for the greater encouragement of the said rangers, every officer and other persons listed under Encourage.
ment to ran him shall be and is hereby declared to be free and ex
gera. empted from the payment of the said county and parish levys dureing their continuance in the said service. Such man so listed producing a certificate under the hand of his lieutenant or commander, setting forth the time such man shall bave been in the said sera vicc, and making oath thereunto.
And be it also enacted, That if any lieutenant or commander of the rangers, or any man listed under such
disobedience lieutenant or commander, by virtue of this act, shall of order.
refuse or wilfully neglect to observe, perform, or keep
And beit further enacted, That this act shall continue
Limitation of act.
[From edit. 1733, p. 270.)
An Act directing the manner of granting Probats of
Wills, and Administration of Intestates Estates.
Jurisdiction I. P E it enacted, by the lieut. governor, council, and
it is hereby enacted, by the authority of the same, That wills and ad, the county courts, and every of them, within their reministrations spective counties, have and shall have lawful jurisdicti
on and authority to hear and determine all causes, mat-
probats thereupon, or administration cum testamento In what
annexo, as the case shall require; and to hear and de. county will termine the right of administration of the estate of perto be proved, sons dying intestate, in manner, and according to the
several methods, rules, orders, and directions hereaf-
the court of that county where such mansion-house, or place of residence or abode shall have been: And if such person shall not have had any mansion-house, or place of residence or abode, as aforesaid, and shall have devised any lands, by his will in writing, to any person or persons, then such will shall be proved in the court of that county wherein such land sball lie: And if such person shall, by such will, have devised lands, lying in several counties, and shall die in any one of those counties, then the will shall be proved in the court of that county wherein he or she shall happen to die: And if such person devising lands, as aforesaid, shall die in another county, than where any of his or her said lands shall lie, then the proof of such will shall be made in the court of some one of the counties where such lands shall lie, and not in any other county: And the proof of any will once well and sufficiently made in any county, as is above directed, shall be and is hereby declared to be of the same force, effect, and validity, for the disposing of lands, or any other estate, as if the same had been proved in every particular county where any land, or other estate, shall be. And if any person shall
Administradepart this life, having first made a will, and the exe- tion, with cutor or executors therein named, shall all of them re- will annexed fuse the executorship; in such case, the same court when to be wherein the will should or ought to have been proved, granted.. if the executor or executors had accepted and taken upon him, her, or themselves, to discharge the trust, shall have power and authority to hear and determine to whom the right of administration ought to belong, and to grant certificate for obtaining letters of administration, cum testamento annexo. And if at any time hereafter, the will in writing of any person deceased, Heir at law, wherein lands shall be devised, shall be exhibited in any summoned. of the said county courts, and motion shall be made, that such will may be proved, then the court so legally moved, according to this act, shall appoint a time for proving the said will, and shall cause the next heir at law to the testator to be summoned to appear and be present at the time of such proof, and to show forth any thing that shall or may be lawfully alledged against such proof: And if there shall be diver's heirs at law, in equal degree to the testator, then every one of them shall be summoned, as aforesaid: And if no such heirs be known, either to the eourt, or the party desiring
Saving to in
such proof, who shall declare the same upon oath(which oath, the court is hereby impowered and required to administer,) then proclamation shall be made by the sheriff of the county, at the courthouse, at two courts successively; and he shall also set up notes at every church and chappel in his county, of such will being exhibited and desired to be proved, as aforesaid: And that the said proof will be proceeded to, and compleated at the next court which shall be held for the said county, after the expiration of forty days from the making the last proclamation.
II. Provided always, That all persons, who, at the fants and o- time of proving any will at common law, as aforesaid, thers, under legal disabil.
where they may be concerned in interest, shall be un ities.
der the age of one and twenty years, feme covert, non compos mentis, imprisoned, or out of the country, shall have liberty to contest the said proof at any time with in ten years after their several disabilities and incapacities shall be removed, and at no time after the said ten years.
III. And be it enacted, That if any person, having a Administration of intes. mansion-house, or other place of known residence or tates estates, abode within this dominion, shall die intestate; in such when and
case, the court of that county wherein such mansionhow grant- house, or place of residence shall be, and not any other ed.
county court, shall have full power & authority to hear & determine the right of administration upon the estate of such intestate, and to grant certificate for obtaining letters of administration thereon, in manner aforesaid. And if such person dying intestate, shall not have had any mansion-house, or place of residence or abode, as aforesaid, then certificate for obtaining an administration upon his or her estate, shall be granted by the court of that county wherein such person shall have died, and not in any other county. And if it shall so happen,
that any exccutor shall die intestate, not having fully Admnistra- performed his executorship; or any administrator shall de bonis non, depart this life, not having fully administered the goods when grant
of the intestate; in every such case, it shall and may be lawful for the court, that granted the certificate for obtaining such probat, or commission of administration, to hear and determine the right of administration, and to grant certificate for obtaining letters of administration of the goods not administred to such person, as by this act shall have right thereto.
IV. And be it further enacted, That a probat of any will, or a commission of administration granted and is. Effect of prosued, upon a certificate from any county court within administrathis dominion, pursuant to, and in manner prescribed tions. by this act, shall impower and enable the execator and executors, administrator and administrators, therein named and appointed, and every of them, to sue for, recover, and receive, by all lawful ways and means what. soever, all and singular the goods and chattels, real and personal, and all and every the estate and estates of their and every of their testator and testators, intestate or intestates, in like manner, as they might or could do within the several counties where such certi. ficate for obtaining probats, or commissions of administration, shall be granted respectively.
V. And be it further enacted, That where any per- Whoentitled son shall die intestate, or where the executor or exe- to adminiscutors, and every of them, shall refuse to execute the tration. will of the deceased; in such case, the county court, as aforesaid, shall have full power and authority to hear and determine the right of administration, and accordingly to grant certificate for obtaining commission of administration upon the estate of such intestate, or administration cum testamento annexo, upon the estate of such testator, whose executors shall refuse, as aforesaid, in manner following, that is to say: First to the husband or wife of the deceased if any be; and if none such, then secondly, to the child or children, or their legal representatives, if any be; and if none such, then thirdly, to the parents, father and mother, if any be; and if none such, then fourthly, to the brothers and sisters, if any be; and if none such, then fifthly, to the next of kin, as uncles or aunts: and in case they fail to any others of more remote degree.
VI. And be it further enacted, That if upon the Court may death of any person, there shall not any will be exhi
grant admin. bited to be proved, or some motion made, for the legal istration to proceedings, in order to obtain a certificate for a com. any person mission of administration to be granted to any of the
after 30 days kindred of the deceased, before, or at the next court which shall be held after the expiration of thirty days from the party's decease, in such county where such certificate ought by this act to be granted; then it shall and may be lawful to and for the said court to grant a certificate for obtaining administration of the estate of