Page:United States Statutes at Large Volume 32 Part 1.djvu/591

 FIFTIYSEVENTH CONGRESS. Sess. I. Ch. 1329. 1902. 525 in said District, and upon summons being regularly served upon such person so alleged to be unfit to manage or control his property as aforesaid, commanding him to appear and answer such petition, may c0*,§,§‘,f}§L‘g"“€“‘ °' order a jury to be summoned to ascertain whether such person be an i habitual drunkard or addicted to the habitual use of opium, cocaine, or any similar substance or any compound or derivative thereof and unfit from any of these causes to manage and control his property, and if the jury shall nnd that such person is an habitual drunkard or an habitual user of opium, cocaine, or any similar substance or any compound or derivative thereof and unfit to manage or control his property, such finding, when confirmed by the court, shall be entered of record in said cause, and it shall be the duty of the court thereu n to appoint some fit person to be committee of the ei·son so declaredxiiniit to manage or control his property as aforesaid}? Such committee before entering upon the discharge of his duties shall D¤¤¤¤- _ execute a bond, with surety, to be a proved by the said court or one of the justices thereof, to the United) States in a penalty equal to the amount of the personal property and the yearly rents to be derived from the real estate of such rson, conditioned for the faithful performance of his duties as sucliccommittee; and he shall have control of the said estate, real and personal, with power to collect all debts due said drunkard, and to adjust and settle all accounts owin by him, and to sue and be sued in his representative capacity. He shall apply the annual income of the estate of such habitual drunkard to the support of said person, and the maintenance of his family and education of his children; and shall in all other respects perform the same duties and have the same rights as pertain to committees of lunatics and idiots. When any person for whom a committee has been appointed under ,0§m°**°¤**°¤ °“ '°· the provisions of this section shall become competent to manage his ` property on account of reformation in his habits, he may apply to said court to have said committee discharged and the care and control of his property restored to him; and if it shall appear by the verdict of a jury summoned therefor, or by aiiidavits, or other evidence to the satisfaction of the court, that said applicant is a fit person to have the care or control of his property, an order shall be entered restoring such person to all the rights and privileges enjoyed before said committee was appointed. And as to the property of any person fo1· whom a committee has been so appointed the court shall have the same powers that are herein given to it in respect of the property of infants. Amend section 119 by inserting in the tenth ine, after the word §gQ,”g,_;°u$,°({L’(§j " guardians," the words "to enforce the rendition of inventories and V¤|»31.p.1209» accounts by executors, administrators, collectors, guardians, and trustees required to account to said court;" and by striking out in the w{gfmffmQ°°l 9**** thirteenth, fourteenth, and fifteenth lines thereof the words "and ` concurrently with the equity court to direct the sale of real estate of decedents for the pavment of their debts and the application of the proceeds thereof;" also by striking out in the twentieth line thereof V¤r¤¤¤¤¤¤¤¢¤¤¤- the word "four" and inserting in ieu thereof the word °‘five." Amend section 121 so that it will i·ead as follows: "Si:c. 121. The said register of wills may receive inventories and }§f,§;°;g"*"* accounts of sales, examine vouchers, and state accounts of executors, Von. 31. p 1209. administrators, collectors, and guardians, subject to final passage or rejection of same by the court, may take probate of claims against the estates of deceased persons that are proper to be brought before him, and pass any claims not exceeding three hundred dollars; may take the probate of wills and accept the bonds of executors, administrators, collectors, and guardians, subject to approval by the court. It shall be his duty to make full and fair 0Ht1'l0S of the proceedings of said court, and also to make a fair record in a strong bound book or books of all wills proved before him or said court, and of all other matters