The Yazoo City Whig. [volume] (Yazoo, Miss.) 1844-1851, 1846-04-17


An act to authorize foreign guardians. TO re-
move the property of their wards out of
this State.
SEcTIoN !. Be 1t enacted By the Legisla-
ture of the State Of Mississippi, That when
any guardian residing without the limits Of
this State, of any minor or minors within the
age Of twenty~one years, or Of any person
non compos mentis, shall desire 10 remove
the property Of any such minor or minors or
person non compos meniis, out Of this State,
such foreign guardian shall file in tie proc
bate court of the proper county, in this State
a petition under oath, stating that he or she
is qualified and acting guardian of such min
or or minors, or persons non compos mentis
in the State " territory TO which he or she
desires 10 remove The property Of such min
or or minors, persons non compos mentls, and
such foreign guardian shall file with said
petition copies Of his or her letters of guard
ianshiP and guardian bond properly certified
and authenticated.
SEC. 2. That upon The fling Of such pc
iition, il in term time, the court shall by or
der, appoint some discreet person, guardian
ad Item, for such minor or minors, or person
non compos mentis, and shall order citation
to issue 10 such guardian ad litem TO appear
aud answer said petition on dav 10 be nam.
&c, which citation shall be served at least ter
DAYS before the return day thereof; and il
said petition shall be filed in vacation. the
Judge of probate shall make the orders b,
this section of this act required by fiat Il
The clerk Of said court.
r SEC. 3. That upon the return Of such ci
tation executed, and upon The hearing Z
said petition, answer, aud such pools as ma
e be submitted, and due elaboration had there
: on, if il shall appear to the satisfaction OF sal
. court that the interest of such minor or mir
!. ors, or person non compos mentis, would b
, promoted by the removal Ofhs or her or the
q property. out of this State, said court sha
n, grant an order authorizing such foreign qua
le dian 10 remove the properly of such min'
= or minors, or person non comPos mentis,
the State 10 which such foreign guardian sh
20 be qualified and acting as such guardian
I'd and such order shall be authority TO So,
nv foreign guardian TO demand and receive Il
:. property Of such minor or minors, person n
J, compos mentis, and the receipt OF such f
:" eign guardian shall be full and perfect d
~ charge to the person OF persons having su
de property in possession: Provided, That &C
". unuances, wits q eTTOTs and appeals, may
granted as in other cases.
- SEC. 4. That upon granting the order
lai the removal oi such property, as provided
lat by the provisions Of this act, lhe court sh
St. ordek the letters of guardianship. and qua
=. ian bond fled with said petition. 10 Be
81 corded and such bond shall be received
ind evidence as other guardian bonds aud
eTe any breach ofthe condition Of such bond,
Ell suit or action may be maintained and pr
80 culed, as on other guardian bonds il
8. Stale.
hs SEC. S. That the provisions Of this
lde shall apply to the case Of any guardian
zee; pointed and qualified in this State, who s
az remove out of this State. aud become gu
ing ian Of the same ward o. wards in any o
the State or territory. and shall desire 10 rem
the property Of bis or her ward or wards