Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1881-01-20

AN ACT to provide for Public Guardian OF the
Estates of Minors, Idiots and Lunatics, and to
define the powers and duties of such Guardian,
and to fix his liabilities.
Whereas, much inconvenience and delay
frequently arise in the settlement of the es
tates of deceased persons for the want of
general guardian of the estates Of minors,
idiots and lunatics and whereas it. is often
found impossible to find competent and
responsible person who is willing to assume
such trust and whereas for the want of such
guardian the estates of such minors, idiots,
and lunatics are rendered unproductive, and
are in danger of being wasted, if not wholly
lost now, therefore,
Be 1t enacted by the Senate and House of
Representatives of the State of South Carroll
ma, now met and sitting in General Assembly,
and by the authority of the same.
Section l. That the Judge of Probate for
each county in this State shall be required to
act as the guardian of the estates Of minors,
idiots and lunatics, in their respective coun-
ties, where such minors, idiots and lunatics
have no general or testamentary guardians,
and where it is made satisfactory to appear
to the Court of Common Pleas or Judge of
said Court at Chambers, by petition filed for
that purpose, that no fit, competent and re-
sponsible person can be found who is willing
to assume such guardianship, and that the
Judge of Probate appointed as such guardi.
an, and his sureties, shall be held responsible
upon the official bond of such Judge of Pro.
bate for all estates of such minors, idiots and
lunatics received by such Judge of Probate.
Sec. 2. That the application for the ap-
pointment of the Judge of Probate as such
guardian shall be made by the father, moth
er, husband, brother, executor, administrator,
or other persons interested in said minor, idiot
or lunatic, and shall state the name and age
of the minor, idiot or lunatic, the character
and value of the estates Of such minor, idiot
or lunatic and that such minor, idiot or luna.
tic has no general or testamentary guardian,
and that no fit, competent or responsible per-
son can be found who is willing to assume
said trust, and shall be subscribed and sworn
to by the party making the application.
Sec. 8. That the Court or Judge hearing
such application, if satisfied that the interest
of the minor, idiot or lunatc would be best
subserved by such appointment, shall endorse
on such application an order appointing the
Judge of Probate such guardian, and author
izing him to receive the estates of such minor,
idiot or lunatic, and to sign and seal all neces.
ssry and proper releases and discharges re-
lating thereto.
Sec. 4. That the Judge of Probate so ap-
pointed shall have all the powers and be SUBJ
jected to all the liabilities of guardians ap.
pointed by the Court of Probate, and shall
be entitled to like compensation.
Sec s. That the judge Of probate for each
county in this State shall, annually, at the first
term of the Court of Common Pleas, in and
for his county, and oftener if required by
the presiding judge of the circuit, submit in
open court report under oath, of all his
actings and doings as such public guardian,
which report, if satisfactory, shall be approx
ed by the presiding judge by endorsement
thereon, and shall be filed in the office Of the
clerk of the Court Of Common Pleas OF said
county.