TESTAMENTARY SYSTEM.
delivery as soon as the same shall be ascertained; and on failure of
any former
guardian appointed by the court, or of an executor or administrator, to
comply
with such order, his bond may be put in suit, any he may also be attached
for
contempt, and fined not exceeding thirty dollars aforesaid; and the
court shall
have power to call on any guardian for new security, and on failure,
may appoint
a new guardian of its own, or of the orphan's choice, as the case may
require.
6. Every guardian appointed by the court, having
the care of a real estate,
shall, within one month after executing his bond, procure the said estate
to be
viewed and reported on by two skilful discreet persons, not related to
either party,
and appointed by some judge or justice, and by him sworn to act as appraisers
according to law, without favour or prejudice, and to the best of their
skill and
judgment; and it shall be the duty of the appraisers to examine the estate,
and
estimate the annual value thereof, including any slaves, working beasts
and stock,
and utensils thereon belonging to the orphan, and proper to be leased with
the
land; they shall likewise set down, in writing, what dwelling-houses, out-houses,
orchards, gardens, enclosures, and other improvements, are on the land,
and the
condition thereof; and they shall make out a certificate, under their hands
and
seals, of the whole they have done, to which shall be annexed a certificate
of
their appointment, and of their having taken the oath aforesaid; and the
same
shall be returned by the guardian to the orphans court, within one month
as
aforesaid; and the same shall be evidence against him, in case of any
suit for
misconduct brought against him.
7. No guardian shall commit waste on the land,
but the court may, on his
application, allow him to cut down and sell wood, and account for the sale,
in
case it shall deem the same advantageous or necessary for the ward's
education
and maintenance.
8. And each guardian having a real estate under
his care, shall either cultivate
the same, with the slaves, working beasts, stock and utensils belonging
to the
ward, or to be purchased with his or her money, with the approbation of
the
court, or he shall lease the same from year to year, or for any term not
exceeding
three years, and within the non-age of the ward; or he may, with the
court's approbation, undertake the estate of his own account, and be answerable
for the annual value fixed by the appraisers.
9. Every guardian shall account for all profit
and increase of the estate, or
annual value as aforesaid, and shall not be answerable for any loss or
decrease
sustained without his fault, to be allowed by the orphans court.
10. And once in each year, or oftener if required,
a guardian shall settle an
account of his trust with the orphans court; and the said court shall ascertain,
at discretion, the amount of the sum to be annually expended in the maintenance
and education of the orphan, regard being had to the future situation,
prospects
and destination of the ward; and the said court, if it shall deem it advantageous
to the ward, may allow the guardian to exceed the income of the estate,
and to
make use of his principal, and to sell part of the same, under its
order; provided
nevertheless, that no part of the real estate shall, on account of such
maintenance or education, be diminished, without the approbation of the
court
of chancery, or general court, as well as of the orphans court.
11. And on the first account to be rendered
by a guardian, he shall state the
property by him received from an executor or administrator, or otherwise
belonging
to his ward, and every increase, and the profits thence arising, (if any.)
12. In case the personal property of a ward
shall consist of specific articles,
such as slaves, working beasts, animals of any kind, stock, furniture,
plate, books,
and so forth, the court, if it shall deem it advantageous for the ward,
may at
any time pass an order for the sale thereof for ready money, or on
credit, the
|
|