The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1883-01-06

Inc 8IJenttOQ Oh EXeCuLOIS, Au-
ministrators, Guardians, Curators
and Committees are respectfully in
vited to the following: On March 3,
1882, the Legislature of West Vir-
9inia, amended and reenacted chap
ter 81 Of the code, from which the
following parts Of sections are taken:
2. Every personal representative,
guardian, curator or committee shall,
within four months after the date of
the order comforting his authority, or
shall, II his authority was granted
before this chapter as amended takes
effect, and he shall not before have
made the return then required by
law, within four months after this
chapter takes effect, return to the said
clerk an inventory Of all the personal
and real estate which has come to his
possession or knowledge, or which is
under his management or subject TO
his authority in his fiduciary charac-
ter; and shall, within four months
alter any other such estate shall come
to his possession or knowledge, re-
turn to the said clerk further in
ventorv thereof If he shall fail to
make the return herein first required,
the clerk shall notify the
commissioner Of accounts hereinafter
mentioned thereof and said commits
sioner shall summon said fiduciary
to make the return as to which he
appears to be delinquent; and If such
return be not made within thirty
days after the date of service Of the
summons, the commissioner shall re-
port, the fact to the circuit court Of
the county as soon as possible. The
circuit court shall Immediately sum-
mon such fiduciary to appear on a
day to be fixed by the court, and may
compel his attendance by rule and
attachment. Such fduciary upon
appearing shall, unless excused for
sufficient reason, be fined by the
court net less than fifty nor more
than five hundred dollars, aud be Or
Died by the court to make such re-
.urn, within time to be specified by
tie court, and if he fail to comply
with such order he shall be deeme |
guilty Of contempt of court, and be
dealt with accordingly.
3. Every such fduciary shall,
within four months after selling any
property as such, return to the said
clerk an account Of such sales.
COMMISSIONER OF ACCOUNTS; FIDUcIARY
TO RENDER ACCOUNT.
6. Each county court shall appoint
some person who shall be known as
the commissioner Of accounts. x
The said commissioner of accounts
shall have general supervision over
all fiduciaries qualified in his county,
and shall make all &c parte settle
ments Of the accounts of said fidu-
Charles. A statement of
all the money which any personal
representative, guardian, curator or
committee shall have received or be-
come chargeable with or have dis
bursed, within one year from the
date of the order comforting his
authority or within any succeeding
year together with the vouchers for
such disbursements shall, within
six months after the end Of every
such year, be exhibited by him be-
fore the commissioner of accounts in
the county wherein the order was
made comforting the authority; =
and the said commissioner shall state,
settle and report to the court, an ac-
cout of the transactions of any sne'l
fiduciary, as provided by law. IF
any such fiduciary fail to make
such exhibit, the clerk Of the
comfy court, the commissioner Of
accounts and the circuit court,
shall proceed against him in like
manner, and the court shall i'm
pose the same penalty rs is herein
provided in cases where tiduciaries
fail to return inventories of their
respectives estates.
I. Any such fiduciary who shall
wholly fail to lay before such com
missioner of accounts a statement
OF receipts for any year within six
months after its expiration, shall
have no compensation whatever for
his services during the said year. =
Under section 6, the undersigned
was appointed by the County Court
OF Monongalia county, Commission
er of accounts, at the last June term.
The Act took effect on June 2 last.
It will be seen from section 2, that
where personal representative, &c,
had failed heretofore to comply with
the law relating to the inventory to
be returned, he was allowed four
months after the chapter took effect
to comply Herewith. This four
months expired Oct. 8, last, and yet
many fiduciaries have not only failed
to comply with the law in this
respect, but have also neglected to
lay the statement and exhibit re-
quired by section 6 before the Com
missioner of Accounts, to enable him
to make the annual settlements with
them required by laws
The Commissioner Of Accounts
has procured the publication Of the
foregoing parts Of sections from
chapter 81 1.-THE full chapter will be
found on page 1877, &C., of the Acts