being had to the future situation and prospects of the ward. The court may, if it shall deem it advantageous to the ward, allow the guardian for such purposes to exceed the income of the estate, and to make use of the principal, or a part thereof; provided, that no part of the ward's real estate shall, on account of such maintenance and education, be diminished without the approbation of the circuit. court, obtained as herein before provided in chapter sixty-one.

SEC. 20. No guardian shall be summoned by the orphans' court, ex officio, to account when the annual income or profits of the estate of the ward shall not exceed fifty dollars.

SEC. 21. On a guardian failing to account as herein before directed, he may be removed by the orphan's court, and he may be proceeded against by attachment, and fined not exceeding one hundred dollars. His bond may also be put in suit.

SEC. 22. The orphans' court may at any time, should it deem it advantageous to the ward, order a sale of his personal property, for the purpose of reinvestment. Such sale may be for ready money or on credit, the purchaser giving bond or note with security to the ward, bearing interest, and all proceedings relative thereto shall be as directed respecting sales by administrators.

SEC. 23. The court may also order the sale of any lease-hold estates of a ward under like circumstances.

SEC. 24. The proceeds of such sales shall, under an order of the orphans' court, be invested in the name of the ward, in any public or bank stock or other good security specified by the court, yielding at least six per cent. per annum, and no transfer or disposal thereof shall be made without the sanction of the orphans' court.

SEC. 25. All surplus money belonging to a ward shall, under an order of the court, be invested in like manner, and subject to like restrictions.

SEC. 26. A guardian who receives from a trustee or other officer of a court any proceeds of the real estate of his ward sold by such officer, shall, under an order of the orphans' court, invest the same in the manner prescribed in the section immediately preceding, and the surplus interest of such investment, after what may be needed in aid of the income from the personal estate for the maintenance and education of the ward, shall be invested in like manner, under the direction of the court. Such investments shall likewise be made in the

name of the ward, and shall be transferred only under an order of the orphans' court.

SEC. 27. No part of the principal of such fund received from the trustee shall be applied by the guardian to the maintenance or education of his ward, unless with the approbation of the circuit court first obtained, as hereinbefore provided in chapter sixty-one, in the case of the ward's real estate.

SEC. 28. In the event of the death of the ward before his arrival at full age, or his death intestate, and without lawful issue, the proceeds of such sale or such stock, or other security so held as an investment, with the surplus interest, shall be considered as real estate, and as such shall descend to those heirs or representatives who would be entitled to the real estate had it not been sold.

SEC. 29. A guardian shall receive as compensation for the care and trouble of the ward and his estate such commission as the orphans' court shall allow, not exceeding twelve per cent. on the income and personal expenditures of the ward.

SEC. 30. On a ward's arrival at age, the guardian shall exhibit & final account, and deliver up, in conformity with an order of the orphans' court, to such ward, or in case of a female ward married, to her husband, all the property of the ward, including bonds and other securities, and on failure his bond may be put in suit, and he shall also be liable to attachment and fine not exceeding three hundred dollars, and the process of sequestration.

SEC. 31. Upon complaint made to the judge of the orphans' court by any guardian, or by a ward, or by any person interested in his estate in expectancy, as heir or otherwise, against any one suspected of having concealed or embezzled any of the property of the ward, the judge may cite and examine such suspected person, and proceed with him as to such charge in the same manner as is provided in chapter fifty-six respecting persons suspected of concealing the effects of a deceased testator or intestate.

SEC. 32. Nothing contained in this chapter shall impair or affect the power of any court to appoint a guardian to defend the interest of any minor impleaded in such court, or interested in any suit or matter there pending; nor their power to allow any person as next friend for a minor, to commence, prosecute, or defend, any suit in his behalf. SEC. 33. When any guardian appointed either by a testator, or by

the judge of the orphans' court, shall become insane, or otherwise incapable of discharging his trust, or evidently unsuitable therefor, the judge, after notice by summons or publication to such guardian, may remove him.

SEC. 34. The judge of the orphans' court may, on the application of any guardian, and notice being given by summons or publication to the ward, allow such guardian, whenever it shall appear just and proper, to resign, and the proceedings on any application of that character shall be in accordance with the provisions of the following three sections.

SEC. 35. The guardian shall first render to the judge of the orphans' court a full and true account, in writing, verified by oath and vouchers, or proof, of all his receipts and payments on account of his ward, and of all the property of every description which may be in his hands or under his control as guardian.

SEC. 36. If the judge shall be satisfied that such account is full and true, that the guardian has in all respects conducted himself honestly in the execution of his trust, and that the interests of the ward would not be prejudiced by allowing the guardian to resign, he may thereupon proceed to appoint a new guardian for such ward, and order that the former guardian deliver all papers, moneys, choses in action, and other property of the ward, of whatever description, to such new guardian, and take duplicate receipts for the same.

SEC. 37. On the delivery of one of these receipts to the register of wills, to be filed in the office, the judge may order that the former guardian be permitted to resign his trust, and he shall thereupon be discharged from any further custody or care of the ward, or of his estate; provided that nothing herein contained shall prevent the ward, or new guardian, from having a further account from such former guardian, in relation to all matters connected with his trust before he was permitted to resign the same, and that in respect to all such matters his sureties shall remain liable to the same extent as if such resignation had not been allowed.

SEC. 38. Whenever a sole guardian shall die or be removed, the judge of the orphans' court shall appoint a new one, saving to the mother her right as herein before provided in section four.

SEC. 39. Every guardian who may be removed shall forthwith render an account in full of his guardianship, and shall deliver to the

new guardian all the property of the ward, and such delivery, under an order of the orphans' court, may be enforced by attachment and fine, or by sequestration. In the event of the removal of the guardian for insanity, such account and delivery shall be made by his committee.

SEC. 40. The executor or administrator of any guardian who shall die before his account is rendered, shall render the same, and deliver over to the new guardian all the property of the ward.

SEC. 41. The orphans' court may, upon the application of a guardian from any other Territory or District, or from any of the United States, who has there given good and sufficient security, and who has the custody of the person of his ward, and his filing a petition setting forth the premises and the entire amount of his personal property, and the income of his real estate, including that in this District, accompanied with a duly authenticated copy of the record of his appointment and qualification, and of the bond given by him, verified as to the truth of the facts by the affidavit of such guardian, and as to the sufficiency of the security by the affidavit of a disinterested credible witness, if satisfied of the truth of the facts set forth in such petition, and of the sufficiency of such security, order any executor, administrator, or trustee, appointed by last will, to pay over to such guardian any legacy, bequest, or distributive share in his hands belonging to such ward, as soon, and under the same circumstances in all respects as if such guardian had been appointed by the orphans' court of this District; and obedience to such order may be enforced as if it were an order to pay a domestic guardian.

SEC. 42. If any resident of this District shall be prospectively entitled to any remainder, reversion, or executory interest, in any such legacy or bequest, upon the determination of the estate of the infant therein, the court shall, before making such order, require the guardian, or some other person for him, to execute a bond to the United States, in double the amount of such legacy or bequest, conditioned that the said legacy or bequest shall, at the determination of the estate of the infant, be forthcoming in this District, for the benefit of the person so entitled.

SEC. 43. Such bond shall be recorded in the office of the register of wills, and any person interested therein shall be entitled to a copy of the same, certified under the hand of the register and seal of the orphans' court, and may maintain an action thereon as on the bond of an administrator, and recover such damages as he shall sustain.

SEC. 44. The circuit court may, upon similar petition and proof, and being satisfied of the truth of the facts, and the sufficiency of the security as aforesaid, order any trustee or other officer to pay, over to a guardian from another Territory or District, or from any State, the proceeds of the sales of real estate in the hands of such officer belonging to the ward; and may, under circumstances similar to those mentioned in section forty-two, require the guardian, or some other person for him, to give bond as therein mentioned; which bond shall be recorded, and may be sued on as before provided.

SEC. 45. All receipts, releases, or acquittances, from any ward to his guardian, executed, acknowledged and certified as provided in the case of releases to administrators, may be recorded in the office of the register of wills, and may at all times be evidenced by a copy thereof, duly attested by the register, under the seal of the orphans' court. The originals shall in all cases be retained and preserved in the register's office, after they are recorded.

SEC. 46. The judge of the orphans' court shall in no case act as guardian of an infant.