Chapter XCVII. *supplementary to the Act passed on the twentieth Day of February, eighteen hundred and forty-six, entitled “An Act to enlarge the Powders of the several Orphans’ Courts held in and for the District of Columbia.”* Aug. 8, 1846. *Be it enacted by the Senate and House of Representatives of the United
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Chap. XCVII.— An Act *supplementary to the Act passed on the twentieth Day of February, eighteen hundred and forty-six, entitled “An Act to enlarge the Powders of the several Orphans’ Courts held in and for the District of Columbia.”* Aug. 8, 1846. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, *1846, ch. 8, ante, p 4.That every orphan, or other infant, to whom the Orphans’ Courts of the District of ColumbiaOrphan children may select guardians in certain cases. are authorized and empowered by the act to which this act is supplementary, or by any other law in force in the said district, or in either county thereof, to appoint a guardian, shall be entitled, on arriving at the age of fourteen years, or at any age between fourteen and twenty-one years, notwithstanding any appointment of guardian before made by such courts, or either of them, to elect a guardian for himself or herself: *Provided,* The Orphans’ Court within whoseSelection to be subject to the approval of the court. jurisdiction may be the person and residence of such orphan, or any property, real, personal, or mixed, to which such orphan is entitled, or where a guardian had been duly appointed before, the court by which said former guardian had been appointed, approve the character and competency of the person so elected guardian: *And provided, *such Orphans’ Court shall and may require of the guardian, so elected, such security, and exercise towards him all such jurisdictionSecurity to be given by guardian. and powers for compelling the faithful administration of his trust, as are provided in the said act, or any other law in force as aforesaid, in the cases of guardians appointed by the said court; and if the said court, in the due exercise of such, its jurisdiction and powers, shall see fit to supersede and remove such guardian, or if such guardianSupersedure. die, or become incompetent during the minority of such orphan, the said court shall forthwith cite such orphan to appear and make a new election of guardian, which such orphan may do under the same 72TWENTY-NINTH CONGRESS.
Sess. I. Ch. 98. 1846.conditions and restrictions as are hereinbefore prescribed in respect to the original election of guardian; and for the interval of time between the removal, death, or incompetency, of the first elected guardian, and the new election of another by such orphan, the said Guardian *ad interim.*court may, if it deem it expedient, appoint a guardian *ad interim *until such new election be made; taking such security of such guardian *ad interim,* and exercising over him such jurisdiction and powers, as are or may be required and given in the cases of other guardians:
Notice of application to supersede.*And provided further,* That, where a guardian is to be superseded by such election, he shall have notice of the application by summons, or in writing. Sec. 2. Sureties may complain, &c. *And be it further enacted,* That if any surety of a guardian, by petition to the court before which he was bound, setting forth that he apprehends himself or herself to be in danger of suffering thereby, shall pray that he may he relieved, the said court, after a summons to answer the petition shall have been served upon the guardian, or a copy, of such summons left at the place of his usual abode, shall order him to give counter security for the complete indemnity of the original surety, or to deliver the ward’s estate into the hands of the surety, or of some other person; in either of which cases it shall take sufficient security of the person into whose hands the ward’s estate shall be delivered as aforesaid; and such court shall and may make such further and other order for the relief of the petitioner as to it shall seem just.
Approved, August 8, 1846.