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WILLIAM SMALLWOOD, Esq; Governor.
money for every such refusal or neglect, to be recovered by indictment
in the county courts; and also such guardian and his securities,
upon suit brought by the minor when he arrives at age, shall be liable
to
pay to such minor the full profits and value of the increase of such
estate;
and all accounts so to be settled by guardians shall be fairly entered
by the
register of the orphans court where such accounts may be settled in a well
bound book kept for this purpose only, and the balances of such accounts
shall be regularly carried forward from year to year until the respective
minors arrive at age; and the register for his trouble shall be allowed
the
same fees as for entering other accounts. |
1785.
CHAP.
LXXX. |
X. And be it
enacted, That such part of this act as relates to guardians,
shall be given in charge to the grand jury every court by the justices
of the several and respective county courts; and it is hereby declared
to
be the duty of the justices of the orphans court, and of the register of
the respective counties, to inform against all guardians refusing or neglecting
to pursue the directions of this act, and this duty shall be performed
by the said justices and register of the orphans court, under the penalty
of ten pounds current money upon each person neglecting to perform
the
same, to be recovered as aforesaid, upon every neglect. |
Parts relating
to guardians
to be given in
charge, &c. |
XI. And be it
enacted, That all causes referred by consent of parties
and rule of court, shall be continued until an award is returned, and if
a
death of either of the parties happen before an award is returned and judgement
thereon, such cause shall not abate by the death, but upon reasonable
notice to the person or persons succeeding to the interest of or representing
the deceased in the thing or matter in contest and not being
a minor, the arbitrators shall proceed to a determination, and return their
award, upon which judgment may be entered by the court, and such
judgment shall be good and sufficient in law, notwithstanding the death
of either of the parties; and in case any arbitrator or arbitrators appointed
by the parties upon any referenced aforesaid should die, or refuse
to act,
the court from which cause was referred shall, upon motion of either of
the parties, appoint an arbitrator or arbitrators in the stead of those
dying or
refusing to act, and any arbitrator or arbitrators so appointed, shall
have the
same power and authority to decide the matter in question, as if appointed
by the parties; and if an award be not returned within eight months
after the cause may be referred as aforesaid, the court from which such
cause shall be referred, may, by order, compel the arbitrators to return
their award, or give their reasons for not returning an award, or the
court may, in their discretion, upon motion of either of the parties,
reinstate
the cause, and take such order therein as they may think proper, to
have the same fairly tried in court, in the same manner as if such
cause
never had been referred; and in all cases where awards may be made upon
references aforesaid, the party in whose favour the award is given shall
cause a copy thereof to be delivered to the adverse party or his attorney,
the clerk of the court shall not enter judgment upon any award returned
without a motion to and direction from the court, and the court shall always
have satisfactory proof by the party's own oath, or affirmation, as the
case may be, or otherwise, that a copy of the award hath been delivered
to the adverse party or his attorney as aforesaid before judgment shall
be
directed to be entered on any award. |
In cases referred
by consent,
rule of
court shall be
continued,
&c. |
XII. And be
it enacted, That in all actions brought, or hereafter to be
brought, in any court of law of this state, grounded upon an account, or
in
which it may be necessary to examine and determine on accounts between
the parties, it shall and may be lawful for the court where such action
may be or remain for trial, to order the accounts and dealings between
the |
In all actions,
court may order
accounts
to be audited,
&c. |
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