Chap. 320.—An ACT to amend and re-enact sections 5316, 5317 and 5318 of the
Code of Virginia, in relation to the appointment of guardians and their
bonds. [H B 457]

Approved March 24, 1926.

1. Be it enacted by the general assembly of Virginia, That
sections fifty-three hundred and sixteen, fifty-three hundred and
seventeen and fifty-three hundred and eighteen of the Code of Vir-
ginia, be amended and re-enacted so as to read as follows:

Section 5316. What courts or clerks may appoint guardians.—
The circuit court of any county or the clerk thereof, of the circuit
or corporation court of any city, except the city of Richmond, or
judge thereof in vacation, in which any minor resides, or, if he be a
resident out of the State, in which he has any estate, may appoint
a guardian for him, unless he have a guardian appointed as afore-
said by his father. In the city of Richmond the chancery court of
said city and judge thereof shall have such power.

Section 5317. How appointment made.—If the minor is under
the age of fourteen years, the court or judge or clerk of the circuit
court may nominate and appoint his guardian; if he is abovethat
age, he may, in the presence of the court or judge or such clerk, or
in writing, acknowledged before any officer qualified to take ac-
knowledgments, nominate his own guardian, who, if approved by
the court or judge, or such clerk, shall be appointed accordingly;
and if the guardian nominated by such minor shall not be appointed
by the court or judge, or such clerk, or if the minor reside without
the State, or if, after being summoned by the court or judge, or such
clerk, he shall neglect to nominate a suitable person, the court or
judge or such clerk may nominate and appoint the guardian in the
same manner as if the minor was under the age of fourteen years.

Section 5318. Guardians to give bond; judge or clerk liable if
bond not given, and with good security.—Every guardian, unless,
in the case of a testamentary guardian, the will otherwise directs
and the court or judge or clerk of the circuit court in such case deems
it unnecessary for the safety of the ward, shall give bond with good
security, to be approved by the court or judge or such clerk by
which he is appointed or in which he accepts the trust in such penalty
as shall be prescribed by the court or judge or such clerk. If any
court or judge or such clerk omit to require such a bond, the judge
or clerk so in default shall be liable to the ward for any damages he
may sustain thereby.