VA-ROOTS Archives

April 2007

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Fri, 27 Apr 2007 16:17:39 -0500
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Paul, thanks for your reply.  Yes, there was one other surety named -
of unknown age - but who I think might have been equally young.  My
thinking was that a surety for a guardianship would have to be someone
who was a financially "responsible" citizen, since this - by purpose
of the surety - was to keep the county "free from harm" (as they so
often put it), and I would think that the county officials would have
a vested interest in ensuring that any surety or sureties would be so
qualified.  It is indeed interesting that there would be no
"qualification" requirements defined for such a transaction, and I
would assume - by extension - that the same would apply to any other
court case involving what we now call "bail."

Lou Poole

-----Original Message-----
From: Paul Drake [mailto:[log in to unmask]] 
Sent: Friday, April 27, 2007 2:38 PM
To: JLP; [log in to unmask]
Subject: RE: [VA-ROOTS] Age requirement for security


Were there other sureties on that bond??  If there were, then he may
have been under age and might have signed it as a gesture, even though
all around him knew he was not of age.  Remember, most always a minor
could repudiate his execution of that (and many other documents) upon
turning 21.  There were exceptions to that rule, but I know of none
that would apply here.  In short, any one of any age could sign a bond
(it was not punishable by a court), however if that signator was a
minor at the signing, such bonds could not be enforced unless at his
coming of age, the minor affirmed the action done when he was not yet
21.

Paul

-----Original Message-----
From: Research and writing about Virginia genealogy and family
history. [mailto:[log in to unmask]]On Behalf Of JP
Sent: Friday, April 27, 2007 11:32 AM
To: [log in to unmask]
Subjct: [VA-ROOTS] Age requirement for security


I've run into a 1756 guardianship record where the person providing
security for the guardian is thought by many to have been born 1738 or
1740, making him 16 or 18 years old.  That certainly does not sound
right to me.

Does anyone know of an age requirement to provide security (bond) for
such a court transaction?  If there was a requirement, what was it?

Thanks

Lou Poole, Richardson, TX
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