Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1814-02-16

Sc'uSors OF NEUTRALITY-SUSPICIOUS., and their secu-
Ilies upon the bond for the Performance of II
heir duties I'm which action, the defendants /
nav plead any plea, or pleas, and. in supper,
hero OF, otfcr asy evidence which would be |
egally admissible in an action suggesting a |
levas'avit: >. that, in any cause, whether |
1t law or in equity, appellate or original,
when the Judgment or decree shall be rem
de ed against an executor or ,admnistrator,
iuil costs shall be taxed against him. includ
ing an attorneys fee; in tie same manner
as lists re-taxed again person suing OF
sued in his own right. fine be defendant,
the Judgment, or decree, for costs shall, as
heretofore, be "levied of the goods and chat
tells of his .estator or intestate in his hands
to be administered, if SO much thereof be
tound.,if not, then of his own proper goods
aud chatels." 1t he be plaintiff, it shall be
rendered, to be levied only of the goods *
chattels ut his testator, in his hands to be adj
mnistered ;" unless the court shall be of o.
pinion that, In the prudent discharge of his
official daty, he ought not to have brought
the action and, if the court shall be of that
opinion they shall render Judgment or de-
cree OF costs. ITO he levied of the goods and
Hchatteis1 of the testator or intestate, &c. f
not, then OF his own proper goods and chat
tels." But this act is not TO be Construed 10
take away. or abridge the ordinary discre,
ton Ola court OF enquiry over the subject of
costs. 3. Various regulations are made to
remove doubts which have arisen in the con-
structinn of the S5th section of the act of
1892, on the subject of executors, &c and to
amend that section. (see Rev Code, LIST vol
p. 1861 The most important of these are
the following On the petition of u security
OF an executor or administrator, the court.
shall have full power to order. either, that
counter security shall be given; or that the
executor or administrator shall execute a
new bond with good security, in penalty
no. less than the penalty of the first bond
executed by him, for the faithful discharge
OF his duties, and payable in like manner to
the judges, or the sitting justices which new
bond shall have relation back to the time of
grating probat, or letters of administration.
and shall be as effectual, in every respect, as
Ut II had been executed before such letters of
prooat had been granted. Upon the execu,
tlon OF such new bond, the securities to the
former bond shall be discharged from the
obligation thereof. except only as to such
matters for which an action against them
may be then depending but this provision
IS not 10 exonerate. iii any manner, the secu
ritiesfar bonds executed before the passage
OF his act. If the executor or administra
Ial
court may revoke and annu his power and
au hority, in part, or in the whole, * appoiet
an administrator de bonis non, in the same
manner as 1t he were dead or may take
from his possession the estate OF the testator
or interstate. and place the same in the hands
OF his securities, or of some other curator.
or commit the same to the sheriff, or make
such other order, or orders, respecting the
estate ,as may be essential to the prote c ton
OF the securities; having due regard, always,
to the rights and interests OF creditors, leea.
tees and distributes. Whenever, upon the
complaint ct any creditor. legatee, distribu.
tee, or other person interested, it shall ap
pear TO the court, which granted letters of
administration, or probat, that securities,
g'venbyt the executor or administrator, have
become insufficient, either by removal out of
the commonwealth, OF by any other cause
or that, BY reason of the misconduct, removal
or incapacity OF the executor or administra
tor, tits improper any longer to permit the
estate to remain under his control 1.-THE ex>
ecutor or administrator having been luminous
ed, &c II he can be Found within the com
monweaith, or If he cannot be found, publ
cation having been made, In such manner as
the Court shall direct y the court may eli,
Their require him to give other good securi-
W; or revoke his power as executor or adj
ministrator, and. if necessary appoint an ad
ministrator de bonis non, as aforesaid or
commit the estate to the hands of the sheriff:
but no such revocation is to invalidate any
previous act OF such executor or administra-
tor, or to discontinue. or abate, any suit,
then depending, 10y or against him !; but any
suit so'depending, where he is plaintiff, shall
thereafter be conducted in the name of the
person having the administration Whose
name shall be substituted by order Of the
court > and, where he is defendant, may be
continued against him, or the new admins
traitor, at the discretion of the plaintiff.
81. An act, authorising the sale of the
glebe in King William parish in the counties
OF Chesterfield and Powhatanand for other
purposes therein mentioned" Passed Feb.
9Th, 1914.
49, An act, enlarging the town of Lynch
Durg and Tor other purposes"
o9. An act" to amend an act, entitled an
act Tor regulating conveyanCes," VIII, CHI pas
sad December 18th 1899, authorises the
Gle TX OF the county and corporation courts,
and their deputies, to admit to record. at
any time within the period and in the form
now required by law, any conveyance either
on the acknowle 1gemen, of the party or
parties. or proof by the legal number of
witnesses thereto, made IN the Offices oil the
respective clerks and declares that any
conveyance so recorded shall have the same
legal validity as If it were proved in open
court that. in like manner, any conveyance
may be admitted to record, upon the certif-
icate, under seal, of any two magistrates
within the commonwealth, endo sed thereon,
stating that such conveyance has been duly
acknowledged before them by the party, or
parties thereto, and that he, she or they de,
sire that tile same may he recnrded ,.,o,,;
ded such conveyance. with such endorse
ment, be delivered TO the clerk of the pro.
per court, or his deputy, within the period
now allnMed nv L. ~ Tho 1lorl.u uL...