The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1881-02-02
The Laws Ol'siie EauA.
Important Acts OF the Last General Assem-
bly,.

TuarQlan, ana DA HIS lldpll4l'Io'
Wh"-"ns much Inconvenience and
delay frequently arises 10 the setfl"
ment of the estates of deceased per
sons for the want Of Il general guar,
dian Of the estate Of minOrs. idIsts and
luuatics 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 estate
OF such minors, idiots aud lunatics are
rendered uuproductive, 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, no met and sit
ting iu General Assembly, and by the
authority of the same:
SECTION |. That the Judge of Pro-
bate for each County 10 this State
shall be required to act AS the guardian
of the estates of minors, idiots and
luuatlcs, in their respective Counties,
where such minors, idiots and luna
tics have no general Or tcstameatary
guardian or guardians, aud where II Is
made satisfactorily to appear to the
Court OF Common Pleas or a Jud &c Of
said Court at Chambers, Ly petition
filed for that purpose, that 10 fit, cum-
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 rcspon-
sible upon the official bond OF such
minors. idiots and lunatics received by
such Judge of Probate.
Sec. 2 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 or other per-
sou interested in said minor, idiot or
lunatic, aud shall state the nau,e and
age Of the minor, idiot or lunatic, the
character aud value Of the estates of
such minor, idiot or iunatic, and that
such minor, idiot Or Iunaiic has 40
general or testameu:ary guardian, and
that no ft, competent or responsible
person car be found who is willing to
assume said trust, and shall be sub
scribed and sworn 20 by the party
making the application.
SEC. ). That the Court or Judge
hearlug such application, if satisfied
that the interest OF the miaor, 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 lunatic 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 all the liabilities
of guardians appointed by the Court
of Probate. and shall be entitled to
like compensation.
SEC. 5. That the Judge Of Probate
for each County in this State shall
annually q, 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 III opeu court report uuder
oath, of..'l i,is actiugs and doings as
such public guardian, which report,
if satisfactory, shall be approved by
the presiding Judge by endorsement
thereon, aud shall be filed in the office
of the Clerk of the Court of Conn on
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 lsnatic. the value Of the es-
tates Of such pinor, idiot or lunatic.
Of what the same consists, the amount
and character Of the investments, if
any, ana when and by whom made,
and what amount, if any: remains un-
invested. and the amounts received
and paid out since last report properly
vouched, and such recommendations
as he may deem most to the adran-
tage Of wards respectively.
SEC. 7. That all investments made
by the Judge Of Probate as public
guardian shall be made under the d.
rection and with the approval of the
presiding Judge Or the Judge of the
Circnit in which said Judge of Pro-
bate resides.
SEC. ) That all orders OF discharge
Of the Judge Of Probate .as public
guardian shall be granted by the pre-
sidiug judge or the Judge Of the
Circuit in which snch Judge. of the
Probate resides, it being made salts.
factorily to appear that a full and fair
accounting has haen had with the
parties entitled to the estates received
by 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 us public guardian, and shall
keep all books, papers and records re-
Iatiug to the same in separate apart
ment in his office, neatly put up in