why the service of a scire facias, which the party may disregard with impunity, should require the aid of summoners, and a report of their names to the court, at the return of the writ.-Neither the constitution nor the statutes of the state require such a mode of proceeding; and the courts, of course, have a right to command their officers in their own way.-Were the compiler to give a form agreeable to his own views, he would entirely dispense with the summoners; and the writ would be in the form following, and served, as other notices, by the sheriff personally. Scire facias to revive a judgment, post annum et diem. State of Indiana, Switzerland county, to wit. The state of Indiana to the sheriff of Switzerland county, GREETING. Whereas John Den, lately in our probate court held in and for the county of Switzerland, at Vevay in the said county, recovered against Richard Roe the sum of two hundred dollars, for his damages which he had sustained, as well on occasion of the non-performance of certain promises and undertakings, then lately made by the said Richard Roe to the said John Den, as for his costs and charges, by him about his suit in that behalf expended; whereof the said Richard Roe is convicted, as ap pears to us of record; and now on behalf of the said John Den, in our said court, we have been informed, that although judgment be thereof duly rendered, yet execution of the damages aforesaid still remains to be done; Therefore we, being willing that what is right and just should be done in the premises, command you, that you make known to the said Richard Roe, that he be before our said probate court, at Vevay, on the first Monday in September next, to show cause, if any he can, why the said John Den ought not to have execution of the damages aforesaid, according to the force and effect of the said judgment, if he shall think proper so to do; and further to do and receive what our said court shall consider of him in this behalf; and have you then there this writ. Witness John Stiles clerk, and the seal of the [SEAL.] said court hereunto affixed, at Vevay in the said. county, the 17th day of August, 1832. JOHN STILES CI❜k. It is made the duty of the probate courts, ex officio, to compel, by citation and attachment, all executors and administrators, to appear at proper times, and file inventories of estates intrusted to their administration, and on the final settlement of any such estate, to make and file an account current, exhibiting a perfect expose of all receipts and disbursements, and of the exact amount of the balance in their hands, after deducting the amount allowed by such courts to the said executors and administrators, for their charges and expenses as such; and such final settlement to make without any unnecessary delay. Rev. L. 171. Citation to executors to settle. State of Indiana, Dearborn county, to-wit. The state of Indiana to John Roe and William Roe, executors of the last will and testament of Richard Roe deceased, GREEEING. You are hereby cited to be and appear before our probate court, in and for our said county of Dearborn, at Lawrenceburgh in said county, on the third day of September next, then and there to settle and pass the account of your administration of the estate of the said deceased, and abide the order and decision of the said court; and that you then and there make and file an account, exhibiting a perfect expose of all receipts and disbursements, and of the amount of the balance in your hands, that a final settlement of the said estate may be bad. Witness John Stiles clerk, and the seal of the [SEAL.] said court hereto affixed, at Lawrenceburgh, in said county, the 29th day of July, A. D. 1832. JOHN STILES CI❜k. Attachment for not appearing on citation. State of Indiana, Dearborn county, to-wit. The state of Indiana to the sheriff of Dearborn county, GREETING. You are hereby commanded to attach John Roe and William Roe, executors of Richard Roe deceased, if they be found in your county, and them safely keep so that you have their bodies before our probate court, to be holden at Lawrenceburgh, in our said county, on the first Monday in September next, to answer us of a contempt, in not appearing in said court, agreeably to our citation, to settle and adjust the accounts of the estate of the said Richard Roe deceased; and further to perform and abide such order as our said probate court shall make in this behalf. And have you then there this writ. [SEAL.] Witness John Stiles clerk, and the seal of the said court hereto affixed, at Lawrenceburgh in said county, the fourth day of September, A. D. 1832. Confirmation of settlement. Dearborn county, probate court, November term, 1832. John Roe and William Roe, executors of the last will and testament of Richard Roe deceased, having produced their account upon the administration of the estate of the said deceased, from which account there appears to be a balance in the hands of the said executors, of three thousand two hundred and sixty-one dollars and fifty-four cents, which account is approved; it is ordered that the said balance, after deducting the expense of this settlement, be disposed of agreeably to the will of the deceased. By the court. Test. JOHN STILES Cl'k. Guardians. The probate courts are empowered to take cognizance of all matters concerning orphans and their estates, and to appoint guardians in all cases where it may be necessary. A guardian is one who is appointed by authority of law, to take care of a person and his estate, who, by reason of imbecility and want of understanding, is incapable of acting for his own interest. The statute requires, that every guardian, previous to his appointment, shall execute a bond, with freehold security to be approved of by the court, in a sum at least double the amount of the estate to be committed to his care, and shall also take an oath for the faithful discharge of his trust. Rev. L. 172. There is also a guardian ad litem, whose duty it is to manage a suit in court where an infant is a party. An infant plaintiff may appear in court either by guardian or prochein amy, but an infant defendant must appear by guardian. The guardian to whose care is committed the person and estate of the infant may attend to his suits in court, or the court, when necessary, may appoint some other suitable person as, guardian ad litem, either for a particular case, or for suits generally; and such appointment does not supersede the general power of the tutelary guardian over the person and estate of the infant. Petition for permission to choose a guardian. To the honourable John Doe, judge of the probate court of Posey county; The petition of Oliver Roe, son of Richard Roe, late of said county deceased, respectfully sheweth, that your petitioner is a minor above the age of fourteen years, and has no guardian appointed to take care of his person and estate. He therefore prays your honour to permit him to choose. a guardian for the purposes aforesaid. And your petitioner will pray, &c. OLIVER ROE. September 3, 1832. Petition for the appointment of a guardian. To the honourable John Doe, judge of the probate court of Warrick county; The petition of Jane Den, widow of Richard Den, late of said county deceased, respectfully sheweth, that the said decedent left issue, two daughters, Mary Den and Elizabeth Den, infants under the age of fourteen years, who have no guardian appointed to take care of their person and estates. Your petitioner therefore prays your honour to appoint some suitable person as their guardian, for the purposes aforesaid. And your petitioner will pray, &c. JANE DEN. September 3, 1832. Order. Posey county, probate court, September term, 1832. On petition of Oliver Roe, to be permitted to choose a guardian to take care of his person and estate, be haying been admitted, has chosen. John Roe, who is approved, and the said John Roe is accordingly appointed guardian of the person and estate of the said Oliver Roe. Test. By the court. JOHN STILES, Clerk. Another. Warrick county, probate court, September term, 1832. On petition of Jane Den, widow and relict of Richard Den, late of said county deceased, John Den and William Den, of said county are appointed guardians jointly, to take care of the persons and estates of Mary Den and Elizabeth Den, infant daughters of the said Richard Den deceased, during their respective minorities. By the court, September 3, 1832. Test. JOHN STILES, Clerk. Guardian's Bond. Know all men by these presents, that we John Roe and Richard Fen are held and firmly bound unto the state of Indiana, in the sum of four thousand dollars, for the payment of which well and truly to be made and done, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 3rd day of Septem. ber, A. D. 1832. The condition of the above obligation is such, that if the above bound John Roe will truly and faithfully discharge the duties and perform the trusts committed to him, as guardian of the person and estate of Oliver Roe, infant son of Richard Roe deceased, during the minority of the said Oliver Roe, and render to this court a just and true account of his said guardianship when he shall be thereunto required, then the above obligation is to be void and of none effect, otherwise to be and remain in full force and virtue in law. Signed, sealed, and delivered in presence of JOHN STILES. JOHN ROE, [SEAL.] |