LAWS of North-Carolina.
J. D, 1762. every Perfon or Perfons to whom fuch Tuition and Cuftody hath been, or fliall be
fo difpofed or devifed as aforefaid, ihall and may take into his or their Poffeffion,
for the Ufe of fuch Child or Children, the Profits of all Lands, Tenements, and
Hereditaments ; and alfo the Slaves, Goods and Chattels, and perfonal Ellate of
fuch Child or Children ; and may bring fuch Adlion or Adlions m Relation there-unto,
as by Law a Guardian in common Soccage might do.
Not to difcharge
Apprentices.
Guarilianialjiifine;
their Tiuft, may
be removed.
Vtr Orphans,
Pen. for N.glca
Prnvifo,
S- ciir.lv V
txtt good.
vherj
Ponds
Guardi,
ablf to
fcf, ;i
Orph.
gWen by
Ills, pjy-lllc
jjfli-
Truft for
Provir.
J.iclgme
wh-re
i.t for
Guardian.
Duty of Guarci-ans.
tV. P ROV ID ED always. That nothing herein before contained fliall ex-tend
to difcharge any Apprentice from his Appienticelhip ; and the Superior Court
of the Diftrift, or the Inferior Court of Pleas and Quarter Seflions of the County
wherein fuch Guardian fhall refide, refpedlively, upon Complaint to them made of
fuch Guardian abufing the Truft repofed in him, by mifufing the Child or Children
fo committed to his I'uition as aforefaid, in being about, or intending to marry
fuch Child or Children in Difparagement, negle6ting the Care of their Education
fuitable to their Eftate, or wafting, converting to his own Ufe, or otherwife mif-managing
fuch Eftate, to make and eftablifli, trom Time to Time, fuch Rules and
Orders for placing fuch Child or Children under the Care and Tuition of any other
Perfon or Perfons, fecuring the Eftate, and for the better Education and Ufageof
fuch Child or Children, as they, in their Difcretion, fhall judge meet and necelfary.
V. AND he it further Enacted, hy the Authority aforefaid. That the Superior
Courts and Inferior Courts of Pleas and Quarter SelTions of this Province, within
their rcfpedtive Jurifdiftions, have, and fhall have lull Power and Authority, from
Time to Time, to take Cognizance of all Matters concerning Orphans and their
Eftates, and to appoint Guardians in fuch Cafes where to them it lliall appear ne-ceflary
•, and fhajl take good Security of all Guardians by them to be appointed for
the Eftate of the Orphans by them committed : And if any Court fhall commit an
Orphan's Eftate to the Charge or Guardianfhip of any Perfon or Perfons without
taking good and Sufficient Security for the fame, the Juftice or Juftices appointing
fuch Guardian fhall be liable for all Lofs and Dariiages fuftained by the Orphan for
Want of fuch Security being taken ; to be recovered by Adion, at the Common
Law, in any Court of Record in which the fame is cognizable, at the Suit of the
Party grieved.
VI. P R OVID E D always. That where the Securities were good at the Time
of their being taken or accepted, but afterwards become infolvent, in fuch Cafe the
Juftice or Juftices fliall not be liable.
VII. AND be it further Enacted, That the Bond to be given by any Perfon
or Perfons appointed Guardian as aforefaid, fliall be made payable to the Juftice or
Juftices prefcnt in Court and granting fucli Guardianfliip, the Survivors or Survivor
of them, their Executors or Adminiftrators, in Truft, for the Benefit of the Chiki
or Children committed to the Tuition and Care of fuch Guardian ; which Bond
fuch Court fhall caufe to be acknowledged before them and recorded ; and that in
the Name of the Juftice or Juftices to whom the faid Bond is made payable, the
Survivors or Survivor of them, their Executors or Adminiftrators, any Perfon or
Perfons injured, may and fliall, at his, her or their Cofts and Charges, commence
and profecute a Suit againft fuch Guardian and his Securities, Executors or Admi-niftrators
i and fhall and may recover all Damages which he, flie, or they have
fuftained by Realbn of the Breach of the Condition thereof,
VIII. PROVIDED always. That if any Verdift or Judgment (hall pafs for
fuch Guardian or his Securities, the Perfon at whofe Inftance fuch Suit fhall be
commenced or profecuted, fliall pay Cofts,
IX. AND be it further Enacted, by the Authority aforefaid. That when a
Guardian fliall be appointed to an Orphan by any Superior or Inferior Court, iuch
Guardian Ihall, at the next Court after his Appointment, exhibit an Account, up-on
Oath, of all the Eftate of fuch Orphan which he or flie ftiall have rectiyed into
his
