from and after the passage of this act, all persons desiring to take the guardianship of any child or children under the age of fourteen years, other than his or her own children, shall make application to the Clerk of the Court of Ordinary, who shall cause a citation to be published in some public gazette of this State at least thirty days before such letters shall be granted: Provided, That the Court to whom such application may be made shall have the power, after the expiration of said notice, to grant such letters of guardianship either to the applicant or to such other person as in the discretion of said Court may be proper.

SECTION 2. And be it further enacted by the authority aforesaid, That the Clerks of the Courts of Ordinary of the several counties of this State shall receive for their fees the same as are allowed by law in case of applications for letters of administration.

SECTION 3. And be it further enacted, That after an application for letters of administration or of guardianship has been granted, or when a will has been proved, and the securities required by law name to and approved by the Courts of Ordinary in the order passed, it shall and may be lawful for any such guardian, administrator, or executor, to qualify in vacation before the Clerk of the Court of Ordinary by taking the oath required by law, and to receive from said Clerk letters of guardianship, of administration, or testamentary: Provided, That before such qualification the bonds required shall be executed by the party, and the securities that have been approved in the presence of, and be attested by said Clerk; and said bonds, so executed and delivered to said Clerk, shall be good and effectual in law to all intents and purposes.

SECTION 4. And be it further enacted, That whenever the person who may hold the office of Clerk of the Court of Ordinary shall be appointed administrator or guardian under the laws of this State, he shall continue to be such administrator or guardian until his duty as such shall be fully discharged, without regard to the expiration of his term of office as Clerk, be entitled to the lawful commissions and may be proceeded against as other administrators or guardians; and their securities as Clerk, or administrator, or guardian, shall be subject to all liabilities now imposed by law upon the securities of administrators or guardians.

SECTION 5. And be it further enacted, That from and after the passage of this act, a discharge or dismssal of an executor, administrator, or guardian, by any Court of Ordinary of this State, from his, her, or their duty as such, shall not be held as final and conclusive against any heirs, distributees, or wards, who were minors at the time of such discharge: Provided, Said minors, within five years after he, she, or they become of the age of twenty-one, or have all

legal disabilities removed, shall commence suit against such executor, administrator, or guardian.

SECTION 6. And be it further enacted, That all laws and parts of laws militating against this act be, and the same are hereby repealed.

Approved, February 22, 1850..

AN ACT to authorize Executors, Administrators and Guardians to make returns to the Court of Ordinary of the county of their residence, and to be discharged from their trust therein.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the provisions of the second section of the act passed on the tenth of December, eighteen hundred and twelve, which authorizes executors, administrators and guardians, whose residences may be changed, to make returns to the Court of Court of Ordinary of the county of their residence on complying with certain prerequisites, shall be applicable to and may be availed of by any executor, administrator or guardian, who may at the time of his appointment and qualification reside in a different county from that in which letters testamentary of administration or of guardianship may be granted.

SECTION 2. Be it further enacted, That any such executor, administrator or guardian availing himself of the provisions of this act, or of the said recited section, shall be liable to the same proceedings in the Court of Ordinary to which his returns may be made as if he had been appointed and qualified in said Court, and shall be dismissed from his trust in and by said Court upon his complying with the terms of the law in relation to letters dismissory.

Approved, February 22, 1850.

AN ACT to authorize Hardy Strickland of the county of Forsyth, Administrator upon the estate of Mark W. Killingsworth, deceased, of the county of DeKalb, to make his returns in the county of Forsyth.

Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Hardy Strickland of of the connty of Forsyth, Administrator upon the estate of Mark W. Killingsworth, deceased, of the county of DeKalb,

be and he is hereby authorized to make his returns, as Administrator aforesaid, to the proper Court in the county of Forsyth, and that authority be hereby given for a transcript from the records of the Court of jurisdiction in DeKalb county, in reference to said administration, to be transferred to the records of the proper Court in the county of Forsyth.

SECTION 2. And be it further enacted, That said Court of Ordinary shall have full authority to grant letters dismissory to said Hardy Strickland, Administrator as aforesaid. Approved, December 14, 1849.

AN ACT to authorize administration on the estate of Charles H. Rice, Esq., deceased, to be granted by the Court of Ordinary of Houston county.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly_met, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the Court of Ordinary of the county of Houston to grant administration on the estate of Charles H. Rice, late of Baldwin county, deceased, in the same manner, as though he had died in the said county of Houston, and to grant letters of dismission on the sameany law to the contrary notwithstanding.

Approved, February 23, 1850.

AN ACT to regulate the returns of Executors, Administrators and Guardians.

WHEREAS by the act of 1792, Executors and Administrators are required to make their annual returns to the Courts of Ordinary by the tenth day of January in each year, embracing all transactions of the estate they represent, up to the thirty-first of December immediately preceding, and whereas by other statutes a different time seems to be fixed within which said returns shall be made, and a difference existing in different counties in reference to the time of making said returns, and the Supreme Court having determined that an Executor or Administrator failing to make his annual returns, shall forfeit his commission on the whole estate. In order to settle said practice and save Executors and Administrators from loss of commissions, when acting without faults.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and

it is hereby enacted by the authority of the same, That executors, administrators and guardians shall be permitted to make their annual returns required of them by the first Monday in July of each and every year, any law to the contrary notwithstanding.

SECTION 2. And be it further enacted, That when from providential cause any such Trustee shall fail to make returns by the time specified, the Inferior Court when sitting for Ordinary purposes, may by special order on their minutes save them from all penalty of forfeitures of commissions on account of failing to make said returns within said time.

SECTION 3. And be it further enacted, That if any executor, administrator or guardian shall fail to make a return within the time required by law, he shall not lose the commissions on any returns made in due time.

Approved, February 22, 1850.

AN ACT to alter and amend an act entitled an act to authorize and empower executors and administrators to make titles to land in certain cases, approved February the 15th, 1799.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That in all cases contemplated by the act entitled an act to authorize and empower executors and administrators to make titles to land in certain cases, approved on the fifteenth day of February, in the year seventeen hundred and ninety-nine, be so far changed, as in no instance to require more than the judgment of the Court of Ordinary of the county where the executor or administrator may reside at the time of the commencement of the suit, to authorize or empower him to make title, and that it shall not be necessary to obtain the concurrence of the Court of Ordinary in addition thereto, of the county where the deceased resided at the time of his death, as contemplated by the aforesaid act to authorize or empower the executor or administrator to make such title. And that all laws or parts of laws militating against this act be and the same are hereby repealed.

Approved, February 14, 1850.

AN ACT to authorize the administrators of the estates of Hardy Ivy and Alston H. Green, late of DeKalb county, deceased, to sell certain lots belonging to said estates, in the city of Atlanta.

WHEREAS lot of land number fifty-one, in the fourteenth district of originally Henry, now DeKalb county, the property of the estate of Hardy Ivy, late of DeKalb county, and a part of lot of land number eighty-three, in said district, the property of the estate of Alston H. Green, deceased, are situate within the corporate limits of the city of Atlanta, and orders having been obtained from the Court of Ordinary of said county, authorizing the sale of said lands, and it being evident that the same would sell for a much higher price if sold on the premises, in the city of Atlanta:

SRCTION 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That said administrators be, and they are hereby authorized to sell said lots of land, or such parts thereof as they may now or hereafter may be authorized to sell by the Court of Ordinary of said county, in the city of Atlanta, at public auction, at such terms as they may deem best and most for the interest of said estates, by advertising the same at least forty days, in a public gazette, or at two or more of the most public places in the county.

SECTION 2. Be it further enacted, That all laws and parts of laws militating against this act, be, and the same are hereby repealed.

Approved, February 22, 1850.

AN ACT in relation to affidavits of illegality of execution.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act it shall and may be lawful for the defendant or defendants in execution in cases of illegality of execution, by leave of the Court, to make any amendment of the affidavit of illegality, which the defendant or defendants may deem necessary, and which amendment may be made either by the insertion of new grounds of illegality or the correction of errors and mistakes in the affidavit of illegality, and the said amendments when made and sworn to, shall be taken as part of the original affidavit: Provided, always that the amending party shall not be entitled to any delay or continuance of said case to which he would not have been entitled in case his affidavit had been perfect in the first instance.

SECTION 2. And be it further enacted, That whenever an amendment is made under the provisions of this act, the