Chap. 420.—An ACT to amend and re-enact sections 5316, 5317, 5318 of the
Code of Virginia, as amended, in relation to what courts or clerks may
appoint guardians. {S B 315]

Approved March 23, 1928

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

Section 5316. The circuit court of any county or the circuit or cor-
poration court of any city, except the city of Richmond, or the clerk
of such court, or judge thereof in vacation, in which any minor resides,
or, 1f 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 aforesaid by his father. In the city of Richmond the chancery
court of said city and judze thereof shall have such power.

Section 5317. If the minor is under the age of fourteen years, the
court or judge or clerk of the circuit court, or corporation court, may
nominate and appoint his guardian: if he is above that age, he may,
in the presence of the court or judge or such clerk, or in writing,
acknowledged before anv officer qualified to take acknowledgments,
nominate his own guardian, who, if approved by the court or judge, or
such clerk, shall be appointed accordingly; and if the guardian nomi-
nated 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 judge or court, 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. Every guardian, unless, in the case of a testamentary
guardian, the will otherwise directs and the court or judge or clerk of
the circuit or corporation court, as the case may be, 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
therehv.