The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-05-03

lands, tenements, or hereditaments of tn
deceased and at the same time schedule O
all the debts due from the deceased and j
shall be the duty of The clerk in vacation upoi
the filing of said list and schedule to issue sum
mons to the heirs and devisees residing in tn,
State and make publication to the heirs or de
visees residing out of the State returnable t.
the next succeeding term of court, not less thar
thirty days from the filing of said schedule anC
list, and If any of the dlstri butees or devisee.
be infants the process shall be served upor
them personally and upon their father, oil
mother, or guardian, if they have any in the
State, and the court shall appoint guardian
al litum, to attend to the interests of the
infants
SEC, So. Be 1t further enacted, That section
i ll6S of said Code be, and the same is hereby
/ SO amended, that process therein required to
be served upon infants shall be served upon
them personally, and upon their father OF
mother or guardian, if they have any in this
| State.
SEC. 81. Be 1t further enacted, That an Act
entitled san act for the relief of executors and
| administrators in certain cases." approved
March II, 1878, be and the same is hereby re-
| pealed
SEC. 50. Belt further enacted, That section
1913 of said Code be so amended as TO confer
the powers in said section granted to the court
upon the clerk in vacation, as we'll as upon the
court.
SEC. SO. BE 1t further enacted, That section
l114 of said Code be so amended as to confer
the powers in said section granted to the
Court upon the Clerk in vacation, as we'll as
upon the Court, bect however to the confir-
nation of the Court.
SEC. 81. BE 1t further enacted, That section
1875 of said Code be amended by inserting af
ter the word g Court, " in sixth line, the words
CLERK IN vacation - and insert after the word
its, in the same line the words or his :"
SEC. IS. Be IL further enacted, That section
1875 of said Code, be amended by inserting af-
ter the word " order" in eighth line, the
words . or Clerk in vacation to issue"
SEC. 80. Be 1t further enacted, That section
1911 of said Code be amended by inserting af.
ter the word (" Chancellor " wherever it occurs
in said section, the words, I" or Clerk in vaca-
ton. .
SEC 40. Be a. further enacted, That section
1912 of said Code be so amended as to read as
follows S. 1912. The sureties upon any guar
dams bond who apprehend danger may petit
ton the Court, or Chancellor, Clerk in vaca-
ton, to require the guardian to give a new
bond, and that they may be discharged from
further responsibility; and the Court, or Chan
cellor or Clerk in vacation, shall grant such De
tition, and require sureties; and in case of
refusal to comply, he shall be removed from
Office, and another guardian appointed. If the
bond be given, the sureties on the former
bond shall not be liable thereon, except as to
all acts of the guardian up TO the time of exc
cutting the new bond; Prouided That such
guardian shall have five days notice in writing
of the time and place of such application.
SEC. II. Be at further enacted, That section
1917 of said Code be amended to read as fol- |
lows: S. 1917. That whenever the estate |
of a minor shall consist in money in whole or
in part, it shall be the duty of the guardian, |
within ten days from receiving the same to |
apply to the chancellor in term time, or to the |
clerk in vacation, for order to loan the same |
and the chancellor or clerk as the case may
be. may order the guardian to loan out the |
1,c4 ~f1,
other lien on real estate, Of sufficient value to
secure the same, upon good personal secu-
ritv and it shall be the duty of the guar |
dian, upon loaning the money. to report to the |
court the amount loaned, to whom loaned, and |
the security taken therefor; and upon approval
thereof by the chancellor or clerk, said guar |
dian shall be exonerated from personal respon- |
siblitv for the loan made. But if, on the con |
trary the loan should be disapproved, then the |
guardian shall be held bound for the amount
loaned with the interest thereon, the guar
dian NAV apply for leave to loan the money
stating to whom, and the security proposed
which, if approved by the clerk chancellor,
as the case may be, an entry shall be
made allowing the loan, and the guardian
shall be exonerated from responsibility therefor
When funds accumulate in the hands of the
guardian, over and above the amount allowed
bv the court for the maintenance of the ward
it shall be his duty to obtain an order to loan
the same as above provided for. When any
guardian fails to report the money of his ward
in his hands. and to ask leave to loan the same
out in accordance with the provisions of this
section, he shall be responsible for the same
with interest at ten per cent per annum from
the time of receiving said money, until the
same shall be paid or loaned out in accordance
with the provisions of this section.
SEC y. Be 1t further enacted, That section
1921 of said Code, be amended by inserting af-
ter the word +" COURT in sixth line, the words
& or clerk in vacation" and by inserting after
the word court" in the seventh line, the words
6 or clerk in vacation and by adding to said
section the following words 9 Said bond to
be given before such decree is entered"
Sec 43. Be at further enacted, That section
1922. of said Code, be amended by striking out
the words * decree of court" in the second
and third lines, and insert in lieu thereof, the
words sorder of sale"
Sec Al Be 1T further enacted, That section
1892 of said Code, be amended by adding the
following provso to said section: Progtded,
That minors over the age of fourteen years, who
may be temporarily absent from the State, may
make application to the court Of the place OF
their domicil, for the appointment of their
guardians, by petitions signed and acknow-
lodged before any commissioner for this State,
notary public, or clerk of any court of record
of the State where they may be sojourning.
Sec As. Be 1t further enacted, That section
1925, of said Code be SO amended that guardi-
anship of nonresident infant may be granted
to any suitable person, although not his guar
dian in the State of his residence, upon no.
tice to such guardian by publication and mail
ing notices as in other cases of residents
that on a day named application will be made