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35. Suit against guardian where administration. – bond was taken Where a guardian appointed or declared by the court has given a bond duly to account for what he may receive in respect of the property of his ward, the court may on application made by petition and on being satisfied that the engagement of the bond has not been kept, and upon such terms as to security, or providing that any money received be paid into the court, or otherwise as the court thinks fit, assign the bond to some proper person, who shall thereupon be entitled to sue on the bond in his own name as if the bond had been originally given to him instead of to the Judge of the Court, and shall be entitled to recover thereon, as trustee for the ward, in respect of any breach thereof.

 

 

 

 

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