Western Sun, Volume 1, Number 17, Vincennes, Knox County, 2 December 1807 — Page 4

L A W S OF THE INDIANA TERRITORY

I

An act authorising the granting of liters Testamentary, and letters of Administration, for the settlement of intestate's estates, and for other purposes. $ l. THE Clerks of the courts of Common Pleas, of each county in this Territory, fhall take proofs of laft wills and teftaments, and grant letters of tellamentary, and letters of adminiftration : Provided however, That the faid letters tellamentary, and letters of adminiftration, granted by fuch Clerk in the vacation, may be repealed by lelence of the court of Common Pleas fothe county at their term, next after the granting of fuch letters, and other letters may, by the fame court, be granted to anv perfon applying therefor, and having legal right thereto, in which cafes, all als and proceedings, done and made, by the former executor or adminillrator, fhall be legal and valid, and fuch further proceedings may be had and made, in the name or names of the fucceeding executor or adminillrator, as though the original fuits, Or proofs had been commenced in his, her or

ther name or names. $ 2. The faid Clerks fhall record laft

Ovil!sand teftaments, and make entries of the

granting of letters tellamentary, and letters of adminiftration, and fliall receive, put on file, and carefully preferve all bonds, inventories, accounts, and other documents neceflary to be perpetuated in their office. 3. All bonds that under, or by authority of this law, are directed to be taken, fliall be made to the Judges of the refpefitivc courts of Common Pleas. 4. The courts of Common Pleas of each county of this Territory, fhall have full power to award procefs, and caufe to coniC'before them, all, and every fuch perfon and perfons, who, as guardians, truftees, tutors, executors, adminiftrators, or othervvife, are, or lhall be intruded with, on in any wife accountable for aiiy lands, tenements, goods, chattels or ,eftates, belonging, or which fliall belong, to any orphan, or perfon under age, and caufe them to make and exhibit, w ithin a reafonable time, true and perfect inventories and accounts of the faid cftates. $ 5. W Iren any complaint is made to the faid court, that an executrix, having minors of her own, or being concerned for others, is married, or likely to be efpoufed to another hufband, without fecuring the minors portions, or cftates, or that an executor, or other perfon, having the care and truft of minors cftates, is likely to prove infolvent, or fhall rcfufc, or neglect to exhibit, true and perfect inventories, or give full and jull

accounts of the laid cftates, come to tliej

hands or knowledge, then, and in every fuch cafe, the faid court is hereby required to call all, and every fuch executors and truftees, and alio fuch guardians and tutors of orphans or minors, as have been formerly appointed, or fliall at any time hereafter be appointed, to give fecurity to the orphans or minors, by mortgage or bond, in fuch fums, and with fuch Iccnritics, as the faid court fliall think reafonable, conditioned for the performance of their rcfpccYivc trufts, and for the true payment and delivery, to, and for the life and behoof of fuch orphans as they are concerned for, or fuch as lhall legally reprefent them, the legacies, portions, iharcs and dividends of ellatcs, real and pcrfonal, belonging to fuch orphans or minors, fo far us they have afTcft ; as alfo

for their maintenance and education, as the faid court lhall think fit to order, for the benefit and beft advantage of fuch orphans, as is ulbal in fuch cafes. & G. Any of the faid executors, adminiftrators, guardians, or truftees, may, by the leave, and direction of the laid court, put out their minors money to intereft, upon fuch fecurity as the court lhall allow of; and if fuch fecurity to taken, dona fide, and without fraud, lhall happen to prove infufijcient, it fhall be the minor's lofs. But if no perfon who may be willing to take the faid money at intereff, with fuch fecurity, as can be found by the perfon, fo as aforefaid, concerned for the minors, nor by any others, then the faid executors, adminiftrators, guardians or truftees, fliall in fuch cafe be refponfible for .the principal money only, until it can be put out at intereft, as aforefaid. 5 7. Provided always, That the day of payment of the money, fo to be put out to intereft, at any one time, fliall not exceed twelve months, from the date of the obligation, or other fecurity taken for the fame, and fo toties quoties, when and fo often as the faid money fliall be paid in, or come to the hands of the faid executors, guardians or truftees. 6 8. Provided also, That no executors, adminiftrators or guardians, fliall be liable to pay intereft, for the furplufage of the decedent's cftate, remaining in their hands or power, and belonging to the minors, when the accounts of their adminiftration are, or aught to befelcled, and adjufted before the faid courts. 9. The faid courts fhall have full power authority, to admit orphans or minors, when, and as often as there may be occafion, to make choice of guardians, or tutors, and to appoint guardians, next friends, or tutors, over fuch as the faid court fliall judge too young, or incapable, according to the rules of the common law, to make choice themfelves, and at the inflance and requeft of the faid executors, adminiftrators, guardians or tutors, to order and diredl the binding, or putting out of minors, apprentices to trades, hufbandry, or other employments, as lhall be thought fit. And all guardians and prochein amis, who fliall be appointed, by any of the faid courts, fliall be allowed arid received, without further admittance, to profecutc and defend all actions and fuits, relating to the orphans or minors, as the cafe may require, in any court or courts of this Territory. 10. If any perfon or perfons, being duly fummoned to appear in any of the faid courts of Common Picas, relating to any matter or thing, by this law made cognizable in the faid court, ten days before the time appointed for their appearance, fhall make default, the faid courts may fend their attachment, for contempts, and force obedience to their warrants, fentences and orders, concerning any matters or things, cognizable in the fame courts, by imprifon-

ment of body, or fcqucllration of lands or goods. $ 11. Provided akv ays, That if any perfon or perfons, fliall be agrieved, by any definitive fentence, or judgment of the faid court, it fliall be lawful for them to appeal from the fame, to the General, or Circuit courts, which appeal, upon fecurity given, as is ufualin fuch cafes, fliall be granted accordingly. $ 1 2. If any of the faid executors, adminiftrators, guardians, or trujlees, did, or fhall receive and give difearges, for any funis of money,-debts, rents, or duties, belonging to any orphan or minor, for whom they are, or were interefted, it is hereby declared, that ail fuch difcharges, or receipts, lhall be binding, to, mid upon the orphan or

minor, when he, or flic, attains to full ac and (hall be effectual in law, to difcharge the perfon or perfons that take the fame. 13. When any of the faid minors attain to the full age, and the perfon or perfons, fo, as aforefaid, interefted or concerned for them, having rendered their accounts to the court of Common Pleas, according to law, and paid the minors their full due, then fuch minors fliall acknowledge fatisfucrtion in the fiiid court; but in cafe any of them refufc fo to do, then the faid court fliall certify how the faid perfons concerned have accounted and paid, which fhall be a fufScient difcharge to the guardians .or tutors, and to the truftees, executors or adminiftrators who fhall fo account and pay, and thereupon, all bonds entered into, fqr payment of fuch orphans portions, fliall be delivered up and cancelled. 4 14. Provided alvfays, That none of the laid courts of Common Pleas, fliall have any power to order or commit the tuition or .guardianfhip of any orphans or minors, or bind 'them apprentices, to any perfon or perfons, whole v religious pcrfuafion fliall be different from what the parents of fuch orphan or minor profefled, at the time of their deceafe ; or againft the minors own mind, or inclination, fo far as he or flic has difcretion and capacity to exprefs or fignify the fame ; or to perfons that are not of good repute, where others of good credit, and of the fame perfuafion may, or can be found. 4 15. Provided also, That the faid courts of Common Pleas, and all 'others concerned in the execution of this law, fliall have due regard to the direction of all laft wills, and to the true intent and meaning of the teftators, in all matters and things that fliall be brought before them concerning the fame $ 16. AH fuch bonds or obligations, .as are by this, or any other law of theTerritory, directed, or required to be given to the faid courts, relating to minors, orJtfcccdents eftates, and all fuch bonds as'by any law are direaed to begiven by any Jurjge or other officers or perfons in office, for the due execution of his or their refpective offices or employments, are hereby declared to be to, and for the ufe of, and in truft ' for, the perfon or perfons concerned ; and the benefit thereof fliall be extended, from time to time, for the relief and advantage of the party grieved, by the misfeazance, or nonfeazance of the officers that did, or fliall r give the fame. n And vvIlcn any of the faicl bonds lhall be put m fait, and judgment thereupon obtained, the judgment fliall remain in the fame nature tbe bonds were ; and no execution fliall iflue thereupon, before the party grieved fhall, by writ of scire facias, luinmon the perfon or perfons againft whom the faid judgment is obtained, to appear and.fliew caufe, why execution fliall not iflue upon the faid judgment. And if the party- grieved fhal! prove what damages he lutbincd, and thereupon a vcrdiabe found for him, the court where fuch fait is, fhall award execution for fo much as the jury fhall then find, with cofts, and no more and die former judgment is hereby declared ftill to remain cautionary, for the fatis" laaion of fuch others as fliall legally prove themfelves damnified, and recover their damages in manner aforcftid.

W A NT D 1 MMK D T A T K L Y

AN AP P RENTICE . AT THIS OFFICE.

FNOH THE I'HKSS OF STOUT JENNINGS, rRIXTKHS TO THK India s a T z k u i to ft r.