Chapter VIII. *to enlarge the Powers of the several Orphans’ Courts held in and for the District of Columbia.* Feb. 20, 1846. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, *Supplementary act, 1846. ch. 97, post, p. 71
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Chap. VIII.— An Act *to enlarge the Powers of the several Orphans’ Courts held in and for the District of Columbia.* Feb. 20, 1846. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, *Supplementary act, 1846. ch. 97, post, p. 71. That the several Orphans’ Courts of the District of Columbia authorized to appoint guardians to infant orphans, in certain cases.Orphans’ Courts held in and for the District of Columbia be, and they are hereby, authorized and empowered to appoint a guardian or guardians to any and every infant orphan who may now or hereafter be entitled or have right or claim to any property, real, personal, or mixed, within, or whose person and residence may be within, the May require of guardians bond and security, unless otherwise directed by will.May compel lathers of infant children who may be entitled to property to give bond and security, and in case of failure, may appoint special guardians.jurisdiction of said court, except when said orphan may have a testamentary guardian; and shall require of said guardians so appointed, and of testamentary guardians, unless directed otherwise by the will appointing them, bond, with good and sufficient surety, as now required by law.
And when any infant, whose father may be living, shall, by gift or otherwise, be entitled to any property separate from the father, it shall and may be lawful for said courts to compel the father, as natural guardian, to give bond and security to account for said property, and to compel him to account, as guardians in other cases; and if he shall fail or refuse to give such bond, or at his request, said courts shall have power to appoint a special guardian to take charge of said property, who shall give bond and security as in other cases, but with condition to suit the case.
Sec. 2. Such guardian to give additional security, if necessary, and upon failure to do so, may be dismissed. *And be it further enacted,* That in all cases where any of said courts have heretofore appointed, or may hereafter appoint, a guardian or guardians, or taken bond, or may hereafter take bond, from any guardian or guardians, and shall at any time have good cause to believe that the interest of the ward or wards may require it, said court shall have power and authority to compel said guardian or Said courts to have power to enforce a compliance with such orders; or may order their marshal to take possession of and deliver the property.guardians to give additional other or further security, in such time as said court may direct; and upon his failure to comply with the order of court directing such security, said court shall have power-and authority, and it shall be their duty, to dismiss said guardian from office, and appoint another in his stead, and order the estate of the ward to be forthwith delivered to the newly-appointed guardian, and shall have power, by fine and imprisonment, or any legal process, to compel and enforce a compliance with such order, or may, where it can be so done, order their marshal to take possession of and deliver the property: *Provided, however,* That no order shall be made directing a guardian to give new security, until he shall have been duly Summons or notice required.summoned to show cause against, or have had ten days’ notice, in writing, of the intended application.
Sec. 3. *And be it further enacted,* That, in all cases where any of said courts have heretofore appointed, or may hereafter appoint, an administrator or administrators, or have taken or may take bond from any executor or executors, to any last will and testament, and shall at Said courts may order and require administrators, or executors, to give further security in certain cases.any time become satisfied that the security is insufficient, by reason of the removal or insolvency of the sureties in the bond, or any of them, or by reason of the penalty of the bond being too small, or from any other cause whatever, it shall and may be lawful for the said court to order and require the said administrator or administrators, executor TWENTY-NINTH CONGRESS.
Sess. I. Ch. 10, 11, 13. 1846.5or executors, to give additional other or further-security, and to remove such administrator or administrators, executor or executors, if they shall fail or refuse to comply with such order, and appoint an administratorIn case of failure to comply with each order, may appoint other administrator or administrators instead. or administrators in his or their stead, and shall further have power to order and require any assets or estate of the decedent, which may remain unadministered, to be delivered to said newly-appointed administrator or administrators *de bonis non,* and to enforce a compliance with such order by fine and attachment, or any other legal process: *Provided, however,* That said administrator or administrators,Summons or notice required. executor or executors, shall first be summoned to show cause against such orders, or have ten days’ notice, in writing, of the intended application.
Sec. 4. *And be it further enacted,* That the powers herein grantedHow foregoing powers may be executed. to said courts, by the foregoing sections of this act, may be exercised by said courts, *ex, officio,* or on the application of any one interested. Sec. 5. *And be it further enacted,* That this act shall be in forceAct to be in force from its passage. from and after its passage. Approved, February 20, 1846.