Chap. 239.—An ACT to amend and re-enact the ninth section of
chapter 146, of the Code of 1878, to the right of action on bonds of
fiduciaries.

Approved March 12, 1878.

1. Be it enacted by the general assembly, That the ninth
section of chapter one hundred and furty-six, of the Code of
eighteen hundred and seventy-three, be amended and re-
enacted so as to read as follows:

§ 9. The right of action upon the bond of an executor,
administrator, guardian, curator, or committee, or of a
sheriff or sergeant acting as such, shall be deemed to have
first accrued as follows: Upon a bond of a guardian or cura-
tor of a ward, from the time of the ward’s attaining the
age of twenty-one years, or from the termination of the
guardian’s or curator’s office, whichever shall happen first;
and upon the bond of any personal representative of a dece-
dent, or committee of an insane person, the right of action
of a person obtaining execution against such representative
or committee, or to whom payment or delivery of estate in
the hands of such representative or committee shall be
ordered by a court acting upon his account, shall be deemed
to have first accrued from the return day of such execution,
or from the time of the right to require payment or delivery
upon such order, whichever shall happen first. And as to
any suit against such fiduciary bimself, or bis representative,
which could have been maintained if he bad given no bond,
there shall be no other limitation than would exist if the
preceding section was not passed: provided that no suit,
motion, or other action or proceeding shall be instjtuted or
prosecuted against any executor, administrator, committee
of an insane or other person, curator, guardian, or other
fiduciary, for the recovery of money or damages on account
of money collected or received by him as such fiduciary
during the late war, and which the said fiduciary shall bave
collected or received in good faith, in Confederate money,
and shall have bonded under the laws of the state or Confed-
eracy, or shall have paid over to an escheator or confiscating
agent, or officer of the state or Confederacy, or shall have
otherwise disposed of under the laws of the state or Con-
fedcracy, whereby the same has been lost, unless such suit,
action, or procecding be instituted or commenced within
three years from the passage of this act, or within three
years after any minor becomes of age, insane person becomes
compos mentis; or, in case of a married woman, the cover-
ture ceascer.