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C H A P.
CI.
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3. The court fhall alfo have power, on application of any friend of the infant as aforefaid eft-
titled to land, or a legacy, or diftributive fhare, to call on any guardian under the ftatute afore-
faid, or natural guardian, to give bond for performance of his or her truft, and the court, at
difcretion, may direct fuch bond to be given; and on the guardian's failure or neglect, the court
may appoint another guardian,
4. And every guardian appointed by the court, before he fhall have authority to act as fuch,
fhall enter into bond to the ftate of Maryland, in fuch penalty, and with fuch fureties, as the
court fhall approve; and the faid bond fhall be recorded, and be fubject to be put in fuit, and be
in all refpects on a footing with the bond given by an executor or adminiftrator; and the form of
the condition of it fhall be as follows: "The condition of the above obligation is fuch, that if
" the above bounden —— ——— , as guardian to —— —— , of ——— county, fhall faithfully ac-
" count with the orphans court of —— county, as directed by law, for the management of the
"property and eftate of the orphan under his care, and fhall alto deliver up the faid property,
" agreeably to the order of the faid court, or the directions of law, and fhall in all refpects per-
" form the duty of guardian to the faid —— —— , according to law, then the above obligation
" fhall ceafe; it fhall otherwife remain in full force and virtue in law."
5. On a guardian's executing fuch bond, the court fhall have power to order the land, diftri-
butive fhare, or other property belonging to fuch orphan, to be delivered to fuch guardian im-
mediately, or at fuch time as fhall appear reafonable; in the cafe of a legacy or bequeft, the
court fhall direct the delivery as foon as it fhall appear that the fame may be delivered without
prejudice to the perfon adminiftering; and in the cafe of a diftributive fhare, the court fhall di-
rect the delivery as foon as the fame fhall be afcertained; and on failure of any former guardian
appointed by the court, or of an executor or adminiftrator, to comply with fuch order, his bond
may be put in fuit, and he may alfo be attached for contempt, and fined not exceeding three
hundred dollars aforefaid; and the court fhall have power to call on any guardian for new fecuri-
ty, and on failure, may appoint a new guardian.
6. Every guardian appointed by the court, having the care of a real eftate, fhall, within three
months after executing his bond, procure the faid eftate to be viewed and reported on by two
fkilful difcreet perfons, not related to either party, and appointed by the orphans court, which
two perfons, before they proceed to act, fhall fwear, or affirm, as the cafe may be, before Some
judge or juftice, that they will appraife the fame without favour or prejudice, and to the beft of
their fkill and judgment; and it fhall be the duty of the appraifers to examine the eftate, and
eftimate the annual value thereof, including any flaves, working beafts and ftock, and utenfils
thereon belonging to the orphan, and proper to be leafed with the land; they fhall likewife fet
down, in writing, what dwelling-houfes, out-houfes, orchards, gardens, meadows, enclosures,
and other improvements, are on the land, and the condition thereof, and what proportion of the
faid land is in their eftimation in woods; and they fhall make out a certificate, under their hands
and feals, of the whole they have done, to which fhall he annexed a certificate of their appoint-
ment, and of their having taken the oath or affirmation as aforefaid, and the fame fhall be re-
turned by the guardian to the orphans court, within three months as aforefaid; and the fame
fhall be evidence againft him, in cafe of any fuit for mifconduct brought againft him.
7. No guardian fhall commit wafte on the land, but the court may, on his application, allow
him to cut down and fell wood, and account for the fame, in cafe it fhall deem the fame advanta-
geous or neceffary for the ward's education and maintenance.
8. And each guardian having a real eftate under his care, fhall either cultivate the fame, with
the flaves, ftock and utenfils, belonging to the ward, or to be purchafed with his or her money,
with the approbation of the court, or he fhall leafe the fame from year to year, or for any term
not exceeding three years, and within the notage of the ward; or he may, with the court's ap-
probation, undertake the eftate on his own account, and be anfwerable for the annual value, fuch
annual value to be every third year afcertained, under the direction of the court.
9. Every guardian fhall account for all profit and increafe of the eftate, or annual value as
aforefaid, and fhall not be anfwerable for any lofs or decreafe fuftained without his fault, to be
allowed by the orphans court.
10. And once in each year, or oftener if required, a guardian fhall fettle an account of his
truft with the orphans court; and the faid court fhall afcertain, at difcretion, the amount of the
fum to be annually expended in the maintenance and education of the orphan, regard being had
to the future fituation, profpects and deftination, of the ward; and the faid court, if it fhall deem
it advantageous to the ward, may allow the guardian to exceed the income of the eftate, and to
make ufe of his principal, and to fell part of the fame, under its order; provided neverthelefs, that
no part of the real eftate fhall, on account of fuch maintenance or education, be diminifhed, with-
out the approbation of the court of chancery, or general court, as well as of the orphans court.
11. And on the firft account to be rendered a guardian, he fhall ftate the property by him
received from an executor or administrator, or otherwife belonging to his ward, and every in-
creafe, and the profits thence arifing, if any.
12. In cafe the perfonal property of a ward fhall confift of fpecific articles, fuch as flaves,
working beafts, animals of any kind, ftock, furniture, plate, books, and fo forth, the court, if it
fhall deem it advantageous for the ward, may at any time pafs an order for the fale thereof for
ready money, or a credit, the purchafer, with fecurity, giving bond to the faid ward, bearing
intereft; and all proceedings relative to fuch fale fhall be as herein directed with refpect to fales
by executors or adminiftrators.
13. Every account of a guardian fhall ftate his expenditures in maintaining and educating the
ward, not exceeding the income of the eftate, unlefs allowed by the court; and for no balance
of money in his hands fhall be charged intereft, unlefs he fhall confent to take the fame on
intereft, but the court may direct him to place the the fame at intereft, taking bond to the orphan,
with fecurity approved by the court, and for the trouble and care of fuch guardian, the court
may allow any commiffion, not exceeding ten per cent.
14. On a guardian's failing to account as herein directed, his bond fhall be liable to be put in
fuit, and he fhall alfo be liable to attachments, and fine as aforefaid, but he fhall not be liable to
any fine in a court of law, any act to the contrary notwithstanding.
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