1. CHAP. CLXXII. An Act to amend the act, to reduce into one the feveral Acts concerning Guardians, Orphans, Committees, Infants, Mafters and Apprentices.† B [Paffed the 12th of December, 1794.] every Teftamentary guardiang will. When they are to deli- bursements. E it enacted by the General Affembly, That every guardian appointed by the laft will and teftament of any perfon which shall be legally proved and recorded in any court, shall before he exercifes any authority over the minor or his eftate, appear openly in fuch court and declare his acceptance of the guardianship, which fhall be recorded, and fhall give bond with fuch fecurity as the court may approve of in the fame manner as ftatutory guardians, unlefs it is otherwife directed by the teftator's will, and at the firft or fecond feffion thereafter, he hall deliver into fuch court an inventory upon oath of all the eftate which he fhall have received, and within two fucceffive courts after the receipt of any other eftate of the ward, an inventory of fuch eftate to be entered in the book directed to be kept concerning other guardians, and teftamentary guardian fhall exhibit to fuch court once in every year, which if it be a county or corporation court, fhall be in September, or at the next feffion if there be, none in that month, or oftener if fpecially required by the court, acCounts of the produce and profits of the eftate of the ward, and of the fales and difpofition of fuch produce, and of the difbursements; which accounts fhall be examined by the court, or by fuch perfons as the court fhall refer them to, and being found and certified, or reported to be properly and fairly ftated, and the articles thereof, to be juftified by the vouchers, and the report in cafe of a re. ference being approved and confirmed by the court, fhall with fuch certificate or confirmation be recorded in the book aforefaid: And if any article of fuch Exceptions thereto, how accounts at any time afterwards be excepted to by the ward or his reprefentatives, it shall be incumbent on him to prove or fhew the falfity or injuftice thereof, unless notice on his behalf fhall have been given at the time of paffing the accounts that fuch article would be excepted to, and a memorandum of that notice and the exception fhall have been entered on record. II. THE court aforefaid if a teftamentary guardian fhall appear to have been guilty of a flagrant abuse of truft, may difplace him, and appoint fome other perfon or perfons under the like rules and regulations as are prefcribed by law in cafes of ftatutory guardians. III. EVERY teftamentary guardian who fhall fail or neglect to appear before the court in which the laft will and teftament of his teftator fhall be proved and recorded, within the space of fix months thereafter, may be fummoned and compelled to declare his acceptance or renunciation of the truft, and if every of the guardians appointed in any fuch. laft will and teftament fhall renounce the fame, which renunciation fhall be recorded, the faid court may and fhall thereafter proceed to appoint and qualify fome other perfon or perfons to the guardianship, in like manner as if no fuch testamentary guardian had been nominated in fuch laft will and testament.. Their accounts to be recorded. to be made. When they may be dif Court to appoint guar moned renounces the Proceedings against tesfailing to deliver in their tamentary guardians accounts. . IV. A TESTAMENTARY guardian who fhall not deliver in fuch inventory and render fuch accounts as aforefaid, fhall by order of the court to which be is amenable, be fummoned, and if he remain in default, be compelled to perform his duty or be difplaced, for which purpose the fummons or other procefs from a county or corporation court may be directed to, and fhall be executed by the theriff of any other county wherein the guardian may be found; Penalty on the juftices and every juftice of the court fitting therein at any time during the term or fef- for neglect. fion in which the procefs ought to have been ordered, if it be not ordered accordingly, fhall be amerced. V. THE eftate of a teftamentary guardian not under a fpecific lien, fhall after the death of the guardian be liable to whatfoever may be due from the guardian to his ward, before any other debt due from fuch guardian. On the death of a guar dian, debt due to his ward to be first paid. VI. IF a teflator fhall omit to direct the fum of money, or the fund to be Balance due to the guar applied to the maintenance and education of his infant, and if the difbursements dians for disbursements, of the testamentary guardian, or other guardian being fuitable to the eftate and to be debited in the accircumftances of the ward, fhall exceed the profits of his or her eftate in any count of the enfuing infant's perfonal eftare. year, the balance with the allowance of the faid court may be debited in the year, or paid out of the + See chap. 98, When and how fuch eftate fhall be fold for that purpose. Balance due to the ward, how to be difpofed of. account of a fucceeding year, and paid out of the perfonal eftate of the infant, and fo much and fuch part thereof may with the approbation of the court, be fold at public auction to the highest bidder, after reasonable notice has been given of the time and place of fuch fale for that purpole as fhall be neceffary, and the balance appearing on the contrary fide may be put out to intereft for the benefit of the ward, upon fuch fecurity as the court fhall direct and approve, or the guardian if it remain in his hands fhall account for the intereft, to be computed from the time his accounts were or ought to have been paffed. Power of teftamentary VII. IT fhall be lawful for the teflamentary guardian, provided there be guardians to leafe their no prohibition in the last will and taftament, to make a leafe of any lands, warda' lands; tenements, or hereditaments belonging to his ward, referving the best annual rent and most beneficial covenants for any term, ending when the ward fhall arrive to the age of twenty-one years, or continuing beyond that time as the ward fhall elect. Of ftatutory guardians. VIII. AND it shall be lawful for every statutory guardian in like manner to make a lease of any lands, tenements, or hereditaments, belonging unto his ward, for any term, fo that the fame does not exceed that period, when his faid ward shall arrive at the age of fourteen years. IX. A TESTAMENTARY guardian if his ward be a trustee or mortgagée of any lands, tenements or hereditaments, upon petition of one or more of the parties interested, to the high court of chancery, by order of fuch court to be made after hearing, may execute any deed, or perform any other act, which the trustee or mortgagee if of full age might or could execute or per form, and fuch deed or other act thall be valid, except that he fhall not be bound by a warranty or other covenant contained in the deed. X. Á TESTAMEN PARY guardian fhall have the power under the fame regulations to make or take a furrender of a former leafe, and to take or make a new leafe as are prefcribed and granted to a flatutory guardian, unless inconfiftent with the laft will and teftament, fubject however to be determined or continued by the ward after he or the arrives to full age. XI. IT fhall be lawful for the court having cognizance of the accounts of any guardian, whether ftatutory or teftamentary, upon paffing the fame, to make fuch allowance to the guardian as it fhall deem a reasonable compenfation for his attention, care and trouble. XII. WHERE an orphan fhall have an eftate, the profits of which are infufficient for his or her fupport, and yet is of fuch tender years, that the overfeer's of the poor cannot prevail upon a proper perfon to accept of the fame orphan as an apprentice, it hall and may be lawful for the guardian or curator, with the approbation of the court, to take from the perfonal eftate of his ward fuch fums of money as are neceffary for the immediate fupport of the orphan, until he or she fhall arrive at an age when the overfeers of the poor can find a fuitable mafter or mistress for him or her. The courts of each county respectively fhall have full power at their difcretion, to direct the overfeers of the poor to covenant with the matter or mistress of any apprentice bound to ferve under their order, that a fum not exceeding twenty dollars fhall be paid to the faid apprentice, instead of the fun of twelve dollars heretofore allowed by law. XIII. THIS at thall commence and be in force from and after the fit day of March next. Preamble. In what cafes breaking prifon fhall be felony. Commencement of this act. I. An Act concerning Prifan Breakers. [Paffed the 13th of December, 1794 ] HEREAS it hath been held that by the common law, the offence of breaking a jail or prifon is in all cafes felony : II. BE it therefore enacted by the General Affembly, That none from henceforth who being in actual jail, breaketh prifon, shalb have judgment of life or member for breaking of prifon only, except the caule for which he was taken and imprisoned did require fuch judgment, if he had been convict thereupon, according to the law of the land. III. THIS act thall commence and be in force from the paling thereof.. I. CHAP. CLXXIV." An Act concerning Debtors and their Securities. [Paffed the 23d of December, 1794.] WH HEREAS in many inftances creditors have delayed to commence Preamble. actions on bonds, bills, or promiflory notes, s, executed to them for tobacco or money, until the principal debtor or debtors of fuch creditors either Such becoming infolvent or migrating from this commonwealth, the innocent fecurities of fuch debtor or debtors have been ultimately compelled to difcharge the amount of the money or tobacco due by fuch bill, bond, or note, without the poffibility of being afterwards reimbursed by fuch principal debtor or debtors: For remedy whereof, II. BE it enacted by the General Ambly, That when any perfon or perfons fhall hereafter become bound as fecurity or fecurities by bond, bill, or note, for the payment of money or tobacco, and fhal apprehend that his or their principal debtor or debtors is or are likely to become infolvent, or to migrate from this commonwealth, without previously dilcharging fuch bond, bill, or note, fo that it will be impoffible or extremely difficult for fuch fecurity or fecurities after being compelled to pay the amount of the tobacco or money which may be due by fuch bond, bill, or note, to recover the fame back from fuch principal debtor or debtors, it fall and may be lawful for fuch fecurity or fecurities, in every fuch cafe, provided an action fhall have accrued on fuch bond, bill, or note, to require by notice in writing of his or their creditor or creditors, forthwith to put the bond, bill, or note, by which he or they may When fecurities in "bonds may require the creditors to commence fuits thereon. be bound as fecurity or fecurities as aforefaid, in fuit; and unless the creditor Creditors failing to do or creditors fo required to put fuch bond, bill, or note, in fuit, fhall in a rea. fo, to lofe their remedy fonable time commence an action on fuch bond, bili, or note, and proceed with against the fecurities. due diligence in the ordinary courte of law to recover a judgment for, and by execution to make the amount of the tobacco or money due by fuch bond, bill, or note, the creditor or creditors fo failing to comply with the requifition of fuch fecurity or fecurities, fha!! thereby forfeit the right which he or they would otherwise have to demand and receive of fuch fecurity or fecurities the amount of the money or tobacco which may be due by fuch bond, bill, or note. ditor. III. ANY fecurity or fecurities, or in cafe of his or their death, then his Securities and their ex or their executors or adminiftrators, may in like manner and for the fame caufe, ecutors may proceed in make fuch requifition of the executors or adminiftrators of the creditor or cre- the fame manner with ditors of fuch fecurity or fecurities, as it is herein before enacted may be made the executors of the cre by a fecurity or fecurities of his or their creditor or creditors; and in cafe of failure of the executors or adminiftrators fo to proceed, fuch requifition as aforefaid being duly made, the fecurity or fecurities, his or their executors or administrators, making the fame, fhall have the fame reiief that is herein before provided for a fecurity or fecurities when his or their creditor or creditors fhall be guilty of a fimilar failure, IV. PROVIDED always, That nothing in this act contained fhall be fo Bonds with collateral conftrued as to affect bonds with collateral conditions, or the bounds which conditions and thofe gi may be entered into by guardians, executor, adminiftrators, or public officers. ven by guardians, exce cutors and public offiV. AND provided alfo, That the rights and remedies of any creditor or cers excepted. creditors against any principal debtor or debtors, thall be in no wife affected by this act. Any thing therein to the contrary, or feeming to the contrary, notwithstanding. VI. THIS act fhall commence and be in force, from and after the first day of March, which fhall be in the year of our Lord, one thousand seven hundred and ninety-five. Creditors remedy againft his principal debt or, not to be affected. Commencement of thie act. CHAP. CLXXV. An Act fupplementary to the Act, intituled "An Act to empower Securities to re cover Damages in a Summary Way.† [Paffed the 23d of December, 1794.] E it enacted by the General Affembly, That in all cafes where execu How fecurities in bonds, tion hath been or fhall hereafter be awarded or iffued in any of the on which executions + BE + See ch. 145. |