
    Thomas Dawes, Jun., Esq., Judge, &c., versus William Bell and Al.
    In debt on a bond made by a guardian of two minors to the judge of probate, it appeared that the guardian had been cited to settle his guardianship accounts, but had neglected so to do; after the suit was commenced on the bond, the accounts were settled, and a balance found due from the guardian to one of the wards, and from the other ward to the guardian; the bond was adjudged to be forfeited, and execution awarded for the first ward for the balance found due to him, and for the other for nominal damages only, and a third execution for the costs for the use of the two wards jointly.
    Debt on bond for the faithful performance of the trust of guai dian. The action was brought for the benefit of John S. Richards, and Sarah Richards, a minor, whose names were endorsed on the writ, and to whom the said Bell was guardian. The defendants confessed the forfeiture of the bond, subject to the opinion of the Court, as to their liability to the said John and Sarah, or either o them, on the following facts: —
    It is agreed that the said Bell did, after the commencement of this suit, duly settle his accounts at the probate office, as guardian to the said John and Sarah, and it appeared that there was due from him to the said John the sum of 30 dollars 94 cents; but that nothing was due from him to the said Sarah, who, on the contrary, owed him, the said Bell, the sum of 14 dollars. It is further agreed that; before this action was brought, the said Bell had been duly cited to appear before the judge of probate, to settle his accounts as guardian to the said John and Sarah, but that he neglected to do it; that he had been thereupon removed from his office of guardian to the said Sarak, and another person appointed in his stead.
    Judgment is to be rendered in favor of said John for the sum of 30 dollars 94 cents, with the interest which has since accrued ; and it is referred to the Court to direct what costs shall be taxed for the parties, or either of them.
    
      
      Thatcher for the plaintiff.
    
      Thurston for the defendants.
   By the Court.

It appears that the guardian, by refusing to account when cited, has broken the condition of his bond ; and there must be judgment for the judge of probate to have the penalty. It is agreed that 30 dollars 94 cents are due to John, for which execution must issue ; that nothing is due tc Sarah, and therefore, as to her, nominal damages must be awarded. And as the damages due to the wards are exclusively for their benefit, let executions issue specially for their use ; so that they may receive the satisfaction immediately from the debtors or the sheriff. The costs in their nature are joint; therefore an execution for the costs must issue for the use of the two wards jointly.  