The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1881-02-02
The Laws OftlRe EAanl.
important Acts of the Last General Assem-
bly,.


the Powers and Duties Of such
Guardian, and fix his Liabilities.
Whereas much Inconvenience and
delay frequently arises IL the setfl"
ment of the estates of deceased per
sonS for the want Of Il general guar,
diau yf the estate Of winors. idiots and
iuuatics and whereas it is often found
impossible to find competent and
responsible person who is willing to
as:aiae such trust and whereas for
the want of such guardian the estate
u;' such minors, idiots aud lunatics are
rendered reproductive, aud are in
danger Of being wasted, if not wholly
lost now, therefore,
BE it enacted by the Senate and
House of Representatives Of the State
Of South Carolina, GOV met and sit
ting III General Assembly, and by the
authority of the same:
Section /. That the Judge of Pro-
bate for each County in this State
shall be required to act rs the guardian
of the estates of minors, idiots and
lunatics, in their respective Counties,
where such minors, idiots and luna
tics have no general or testameotary
guardian or guardians, aud where it is
made satisfactorily to appear to the
Court of Common Pleas or a Judge of
said Court at Chambers, by petition
filed for that purpose, that no I'll, cVu-
petent aud responsible person can be
found who is willing to assume such
guardianship, and that the Judge Of
Probate appointed as such guardian,
and his sureties, snail be held resron-
sible upon the official bond OF such
minors, idiots and lunatics received by
such Judge Of Probate.
Sec. ?. That the application for the
appointment of the Judge Of Probate
as such guardian shall be made by
the father, mother, husband, brother,
executor, administrator CT other per-
son interested in sad minor, idiot or
Iunatic, and shall state the nanie and
age Of the minor, idiot or lunatic, the
character and value Of the estates of
such minor, idiot or lunatlc, and that
such minor. idiot or !unajic has no
general or testamentary guardian, and
that no fit, competent or responsible
person car be found who is willing to
assume said trust, and shall be sub
scribed and sworn 70 by the party
making the application.
SEC. 3. That the Court or Judge
heariug such application, if satisfied
that the Interest OF the minor, idiot
or lunatic would be best subserved by
such appointment, shall endorse on
such application an order appointing
the Judge Of Probate such guardian,
and authorizing him to receive the
estates Of minor, idiot or iunatic and
to sign and seal all necessary and
proper releases and: discharges re.
lating thereto.
SEC. +. That the Judge OF Probate
50 appointed shall have all the powers
a@d be subjected to al! the liabilities
Of guardians appointed by the Court
Of Probate, and shall be entitled to
like compensation.
SEC. ). That tie Judge Of Probate
for each County in this State shall
annually at the first term OF the Court
of Common Pleas, in and for bis
County, and oftener if required by
the presiding Judge Of the Circuit,
submit in opeu court a report uuder
oath, of ali his actiugs and doings as
such public guardian, which report,
if satisfactory, shall be approved by
the presiding Judge by endorsement
thereon, aud shall be fled i'll the office
of the Clerk of the Court of Common
Pleas of said County.
SEC. s. That the annual report of
the Judge Of Probate as public guar
dian, required by Section 5 Of this
Act, shall state the name Of each
minor, idiot or luuatic, the date when
appointed guardian Of such minor,
idiot or fanatic, the value Of the es-
tates Of such p,inor, idiot or lunat!c.
Of what the same consists, the amount
and character Of the invest nents, II
any, and when and by whom made,
and what amount, if any: remains un-
invested, and the amounts received
and paid out since last report properly
youched, aud such recommendations
as he may deem most to the advan-
tage of wards reSpective y.
SEC. 7. That all investments made
by the Judge Of Probate as public
guardian shall be made uuder the d.
rection and with the approval CT the
presiding Judge or the Judge Of the
Circuit in which said Judge ct Pro-
bate resides.
SEC. s That all orders Of discharge
Of the Judge Of Probate .as public
guardian shai! be granted by the pre-
sidiug Judge or the Judge Of the
tircujt in which snch Judge, of the
Probate resides, it being made salts,
fac;orily to appear that a full and fair
accounting has been had with the
parties entitled to the estates received
bv him as such guardian.
SEC. 9. That the Clerk Of the Court
of Common Pleas shall keep a separate
Journal Of all proceedings and orders
relating to matters If the Judge OF
Probate as public guardian, and shall
keep all books, papers and records re-
iatiuo 10 the same in separate apart
mcnt in his office, neatly put up IN
packages and endorsed, and the said
Il n