A. D. 1912, CHAPTER LXXXIII. Guardians and Wards of Minors. ARTICLE 1. Guardians in General. ARTICLE 2. Public Guardians. ARTICLE 3. Testamentary Guardians. ARTICLE 4. Miscellaneous Provisions Relating to Minors. Judge of Pro of, how re Section 3430. The Judge of Probate, on appointing a Guardian to guardian to any estate, shall require him to enter into bond give bond to to himself and his successors in a penalty of double the bate: sureties amount of such estate, and shall have the same power, as lieved. to relieving the sureties of a guardian, which is given to Civ. '02, § him in the case of relieving the sureties of an administrator. Liability of sureties is to extent of penalty and not merely to value of property stated in petition.-Johnson v. Johnson, 2 Hill Ch., 277. And is not limited to property owned by ward when the trust is assumed, but to all property subsequently accruing.-Gray v. Brown, 1 Rich., 351. Where in relieving sureties the guardianship is not revoked, but new bond is required, the old sureties are released from future default.-Field v. Pelot, McM. Eq., 369. But remains liable for all property then in the hands of the guardian.Hall v. Hall, 45 S. C., 166; 22 S. E., 818. Refers to guardians of estates, not of persons.-Er parte Davidge, 72 S. C., 16; 51 S. E., 269. 2671. To render counts; pen Sec. 3431. All guardians of estates appointed by the annual acJudge of Probate shall render to him an annual account of alty. their actings and doings, as executors or administrators are Civ. '02, § 2672. A. D. 1912. Proceedings against sureties. required by law to do, and upon making default shall forfeit their commissions. Sec. 3432. Any Judge of Probate shall have power to pronounce a decree against any guardian by him appointed. Civ. 02, upon final account, which shall authorize such proceedings against the sureties of such guardian as may be taken in the like cases against the sureties of an administrator. 2673. In case of dian, to take No action at law on bond until such decree.-Anderson v. Maddox, 3 McC., 237; Harrington v. Cole, 3 McC., 509; James v. Wallace, 4 McC., 121; Sem erall v. Gibbes, 4 McC., 547; Pratt v. McJunkin, 4 Rich., 5. As defense errors in such decree against principal cannot be proved unless set out in plea of surety.-Davant v. Webb, 2 Rich., 379. Sureties may reduce the amount of the decree by proper proof thereof.-Pratt v. McJunkin, 4 Rich., §. སྙ Sec. 3433. In case of the death of any guardian not repdeath of guar- resented by an executor or administrator, the Judge of account. Probate shall take the same measures for an account and Civ. 02, decree against him, which shall have the like force and effect against his sureties and estate, as is provided by law respecting an administrator. 2674. Judge of Probate to cite Sec. 3434. In case of change of domicile by any trustee. trustees, & c.. guardian of minors, committee of lunatics and persons no in case of re moval from months. Civ. '02, § 2675. State and ab. compos mentis, to a place beyond the limits of this State. sence for ten and absence there from for ten consecutive months then last past, and such change or absence is made to appear to the satisfaction of the Judge of Probate of the County wherein the appointment was made, it shall be the duty of such Judge of Probate to cite such trustee, guardian of minors. committee of lunatics and persons non compos mentis, to account in person before him, on a day named in the citation. which shall not be less than sixty days from the date thereof; and such citation shall be served upon such absent trustee, guardian of minors, committee of lunatics and per sons non compos mentis, by publication forthwith, once a week for four weeks, in the newspaper in which the said Judge of Probate published his official advertisements, and a copy shall be mailed to such absent trustee, guardian of minors, committee of lunatics and persons non compo mentis, at his, her, or their place of residence, if it is known. or can with reasonable diligence be ascertained. Sec. 3435. If, upon such citation, such absent trustee. guardian of minors, committee of lunatics and persons compos mentis, fail to appear in person upon the day named. A. D. 1912, When a ppointment of guardianship and render a return of his administration up to date, or, appearing by attorney, fails to disprove a change of domicile and continuous absence for ten months next preceding to be revoked. the date of citation, the appointment shall be revoked and civ. '02, § annulled. 2676. descend in co 2677. Sec. 3436. The guardian or guardians of children under To apply for partition, age shall be required and directed to apply to the Court for where lands an order of partition in all cases where any lands shall be parcenary, &c. given or descend to such children in coparcenary, joint-v. 02, tenancy, or tenancy in common, (and no provision made by will or otherwise how such lands shall be divided,) in case any one of the said coparceners, joint-tenants, or tenants in common, shall neglect to apply for such partition for twelve months after becoming of age. Civ. '02, § 2678. Sec. 3437. All guardians having the care of the estates Commissions. of minors, idiotic and insane persons, and persons non compos mentis, shall have the same commissions for their services as are allowed by law to executors, adminstrators, and other trustees. Booth v. Sineath, 2 Strob. Eq., 31; ex parte Commissioner, 5 Rich. Eq., 13. guardian. Civ. '02, § Sec. 3438. When any guardian of an infant dies after Commissions, receiving any of the funds of his or her ward, the estate of to deceased such deceased guardian shall be allowed commissions for paying over, as well as for receiving, the funds of such ward 2679. remaining in the hands of such guardian at the time of his or her death: Provided, The payment over is made to the ward, and not to another guardian. Such commissions not allowed before this Act.-Floyd v. Priester, 8 Rich. Eq., 248. Applied.-Adams v. Latham, 14 Rich. Eq., 304. A. D. 1912. SEC. Judge of Probate be 3445. Discharge of guardian. SEC. 3448. When new Counties an formed the Probate Court of the new County shall have all estates of miners turned over to it. Section 3439. The Judge of Probate for each County in Appointed this State shall be required to act as the guardian of the guardian in when and how. 2680. certain cases estates of minors, idiots, and lunatics in their respective Counties where such minors, idiots, or lunatics have no Civ. '02, general or testamentary guardian or guardians, and where it is made satisfactorily to appear to the Court of Common Pleas, or a Judge of said Court at Chambers, on a petition filed for that purpose, and on proof that the notice of the object of the said petition, together with a statement of the nature, condition, and value of the estate of said minor. idiot, or lunatic, has been inserted once a week for two weeks previously in some public newspaper published in said County, or, if there be none, in some adjoining County, and also at the door of the Court House, that no fit, competent, and responsible person can be found who is willing to assume such guardianship; and the Judge of Probate Judge of Pro appointed as such guardian and his sureties shall be held sureties. responsible upon his official bond for all estates of such minors, idiots, and lunatics received by him. Liability of bate and his Application This does not create a separate office, but merely imposes new duties on the Probate Judge.-State v. Green, 52 S. C., 520; 30 S. E., 683. Sec. 3440. The application for the appointment of the for appoint Judge of Probate as such guardian shall be made by the Civ. 02, father, mother, husband, brother, executor, administrator. ment. 2681. Order of appointment. or other person 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 lunatic has no general or testamentary guardian, and that no fit, competent. or responsible person can be found who is willing to assume said trust, and shall be subscribed and sworn to by the party making the application. Sec. 3441. The Court or Judge hearing such application. if satisfied that the interest of the minor, idiot or lunatic Civ. '02, would be best subserved by such appointment, shall endorse on such application an order appointing the Judge of Pro 2682. bate such guardian and authorizing him to receive the estates of such minor, idiot or lunatic, and to sign and seal all necessary and proper releases and discharges relating thereto. A. D. 1912, liabilities of Sec. 3442. The Judge of Probate so appointed shall have Powers and all the powers and be subject to all the liabilities of guar-guardian; dians appointed by the Court of Probate, and shall be enti- compensation. tled to like compensation. Civ. '02, § 2683. vestments, &c. Civ. '02, 8 Sec. 3443. The Judge of Probate for each County in this Report of inState shall annually, at the first term of the Court of Common Pleas in and for his County, and oftener if required by 2684. the presiding Judge of the Circuit, submit in open Court a report, under oath, of all his actings and doings as such public guardian, which report, if satisfactory, shall be approved by the presiding Judge by endorsement thereon, and shall be filed in the office of the Clerk of Court of Common Pleas of said County. The annual report of the Judge of Probate, as public Ib., § 6. guardian, required by this Section, shall state the name of each minor, idiot, or lunatic, the date when appointed guardian of such minor, idiot, or lunatic; the value of the estates of such minor, idiot, or lunatic; of what the same consists; the amount and character of the investments, if any, and when and by whom made, and what amount, if any, remains uninvested, and the amounts received and paid out since last report, properly vouched, and such recommendations, as he may deem most to the advantage of his wards respectively. to be approved. Civ. '02, § Sec. 3444. All investments made by the Judge of Pro- Investments bate as public guardian shall be made under the direction and with the approval of the presiding Judge, or the Judge 2685. of the Circuit in which said Judge of Probate resides, upon a petition and proof that said proposed investment is a safe and proper one; that the public guardian shall have due notice of the petition and of the time and place of taking testimony thereunder, with the right to cross-examine petitioners' witnesses, and to offer testimony; and the said petition, testimony, or decree made thereupon by said Court or Judge shall be duly recorded as provided in Section 3446. Record. |