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ward's estate.

the necessary and proper maintenance and education of the ward.

§ 8. The father of the minor, if living, or if dead, the Father or mother mother, if suited to the trust, shall be allowed by the court waddy, &c., of to have the custody, nurture, and education of the ward.

$ 9. No disbursement shall be allowed the guardian for Limitation as to the maintenance and education of the ward beyond the inbursement of the come of the estate, except in the following cases, unless Exceptions. authorized by the deed or will under which the estate is

derived:

First. When the ward is of such tender years or afirm health that he cannot be bound out as an apprentice, or no suitable person will take him as such.

Secondly. When it is best for the ward that the principal of his personal estate shall be applied for his board and tuition, and the court, upon settlement of the accounts, shall deem such application to have been judicious, and properly made. But neither the ward nor his real estate shall be liable for any such disbursement.(a)

§ 10. If from any source a balance is owing by a guardian When guardian at the end of any year, counting from the time of his ap

pointment, which ought to have been invested or loaned out for the benefit of the ward in reasonable time, but which remains in the hands of the guardian, he shall be charged with interest from the end of the year in which such balance arose; and thereafter he shall be charged with interest upon interest, in biennial rests.

$11. The guardian, besides all necessary disbursements Compensation. and repairs, shall be allowed by the court a reasonable com

pensation for his services.

$ 12. A guardian shall, within sixty days after the expiWhen guardian ration of a year from his appointment, settle his accounts

as guardian with the county court, and at least once within every two years thereafter, and as much oftener as the Court may require. At the expiration of his trust, he shall deliver and pay to those entitled thereto all the estate and money in his hands as guardian, or with which he is chargeable as

such.(6) (a) Under some circumstances the guardian may subject the real estate of his ward to reimburse to himself advancements made to her for necessaries. For example, see Jarret vs. Andrew, &C., 7 Bush, 311.

(b) The settlement made by a guardian with the county court may, even after his death, and petition by his administrator for settlement of his estate as insolvent, be surcharged and falsified by creditors. (Alsop's creditors vs. Barber and wife, 14 B. M., 524.)

to
with interest.

must settle his accounts.

transactions

on covenant. ,

non-resident mi

§ 13. The necessary vouchers shall accompany and remain When settlement with the guardian's accounts presented for settlement, which, idence in tavor of

. when properly made, shall be prima facie evidence in his favor; but it may be surcharged and falsified by any person interested therein, who did not contest the settlement. $ 14. The several courts of chancery shall also have pow- Powers of courts

of chancery over er to hear and determine all matters between guardian and all

between guardward, require settlements of guardianship accounts, remove ian and ward. a guardian for neglect or breach of trust, control the custody and tuition of the ward and the management and preservation of his estate, and direct the sale of any of his real estate, if necessary to the proper maintenance and education of the ward, or for the payment of his debts. $ 15. The guardian and his surety shall be liable on their Liability of the

guardian & surety covenant for all property or money which comes to the hands of the guardian as such, whether by virtue of an order of court, or of any statute passed after the date of their covenant, or otherwise.(a)

§ 16. Where there is no guardian of a non-resident minor Powers * rights in this Commonwealth, his guardian appointed and qualified guardian for a according to the law of the place where the minor resides, nor. may collect, receive, and remove to such place of residence any personal estate of the minor being in this Commonwealth. Upon application by petition in a summary way, the county court of the county, having jurisdiction to appoint a guardian, may authorize such foreign guardian to sue for, recover, and so remove any personal estate of such minor, or otherwise to act as a guardian appointed in this Commonwealth.(6)

$ 17. Where there is a guardian of such non-resident of a minor in this Commonwealth, he may, by similar petition non-resident mieither to the county court or the circuit court of the coun

2. Receipts, acquittances, or other dealings between guardians and wards, after arrival at full age, are viewed by courts with great jealousy, and must be supported by the guardian with proof of utmost fairness and open dealing. (Richardson vs. Spencer, 18 B. M., 465.)

(a) The bond of a statutory guardian, appointed in Kentucky, binds him and sureties to account to his ward for all money or estate received as due the ward, whether here or elsewhere. (McDonald vs. Meadows, 1 Metcalfe, 508.)

(6) The guardian of a non-resident minor, appointed in Kentucky, must pay or hand over to the foreign guardian the personal estate of his ward, provided the latter comes with proper documentary evidence that he is under proper bond to account to the ward for all the estate coming into his hands. (Martin vs. McDonald, 14 B. M., 548.) And the relative rights and duties of the two guardians are not effected by the fact that the minor was a resident of Kentucky when the first guardian was appointed. (Swayzee vs. Miller, 17 B. M., 565.)

resident guardian for a

nor,

sanction of chan. cellor.

ty, and ten days' notice, be compelled to pay over to such foreign guardian, for such removal, the personal estate of the minor and the rents and profits of his real estate. But neither court shall grant either of said petitions, unless it is satisfied, by documentary evidence, that such foreign guardian has, where he qualified, given bond with surety to account for all the estate of the minor that might come to his hands; nor, where there is no resident guardian, if there is any next of kin of such minor in this Commonwealth, within the knowledge or information of the court, until such next of kin shall have been summoned; nor unless the court is satisfied that neither the minor, nor any of his creditors in this Commonwealth, will be prejudiced by the order.

$ 18. Resident guardians shall not remove out of this Resident guard- Commonwealth any of the property of their wards without more propertype first obtaining the sanction of a court of chancery jurisdicState without the tion, held in the county in which the guardian was qualified;

and such court, upon petition sworn to by the guardian, and such proof as may be deemed necessary, may authorize the removal of the property of the ward out of this Commonwealth, upon such terms and conditions as may be equitable and just, and as will secure and protect the rights and interest of the ward. Guardians may be restrained from the unlawful removal of the property of their wards, or any part thereof, out of this Commonwealth, upon the petition of the ward by next friend, or upon the petition of any surety of the guardian in his bond as such.

$ 19. Courts of equity in this Commonwealth, upon the Power of chan: application of guardians, or trustees, or their wards, or cestui vesument of mon: que trusts, by petition, under oath, may cause the

money

of ey, &c,, belong. such ward or cestui que trust to be invested, under the directhe

tion of the court, in real estate, or in safe interest - paying bonds of the United States, State of Kentucky, or some county or city in this Commonwealth which promise to pay an annual interest of at least six per cent., whenever it shall be made apparent to the court that it is for the interest of the ward or cestui que trust that such investment shall be made.

§ 20. If the guardian of an infant shall loan the money of for all the inters his ward for any rate of interest greater than six per cent.

per annum, he shall be required to account for the interest

cellor over

Guardian

liable

est he realizes from loan of his ward's money.

he actually realized, the same to be added to and compose part of the principal upon biennial rests.(a)

of curator.

ARTICLE III. Curator to be Appointed for Convicts. § 1. It shall be lawful for the county court whence the County coure convict was sent to the penitentiary, or of the county of his rator for convict. residence, if he had one in this Commonwealth, upon the application of any one interested, to appoint a suitable curator of the estate of any person over the age of twenty-one years, confined as a convict in the penitentiary.

§ 2 The curator thus appointed shall execute a covenant Duty and powers similar to that required of curators in a case of contest concerning a will, shall be clothed with like powers, have like privileges, discharge like duties, and be liable to like responsibilities as by law are provided in the case of curator of an estate pending a contest concerning a will, except that he shall, out of the effects held by him, provide for the support of the family and the education of the minor children of such convict, expending in these respects such sum as may be authorized by the county court, and that he shall account with the convict when discharged from the penitentiary.

§ 3. If the convict have a wife, it shall be the duty of the Wife or her nomcounty court to give her the appointment of curator, provided she can give satisfactory security, and if not, then to such person as she shall select in person, or by written direction to the court.

ferred.

CHAPTER 49.

GUARDS, PUBLIC.

When and by whom appointed.

§ 1. When, in the opinion of the county judge of the When the county county in which a prisoner may be confined, that the safe guards

, and prekeeping of a prisoner, confined under a charge of felony, thereof, for saferequires that a guard shall be kept over him, he shall make oner. the order of record to that effect, and direct the number of

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(a) It is the duty of a guardian to loan, or otherwise invest, the money of his ward so as to make yield at least legal interest. In doing this, if he has received notes, well secured, he may, upon settlement of his accounts, surrender them as so much of the estate of his ward. (Higa gins vs. McClure, 7 Bush, 379.)

to convey crimi

tiary, or prisoner under arrest.

danger of rescue or escape.

the guards to be summoned, by whom to be summoned, and Allowance to the under whose control the same shall be placed. Each guard guards.

so summoned and performing duty shall be allowed the sum of one dollar and fifty cents per day, to be paid out of the county levy.

§ 2. Not more than two guards shall be employed by any Nurnber ofguards officer to assist him to guard any criminal to the penitentiary, nail to peniten, or any prisoner under arrest for crime, before or after the

trial of such prisoner, or to assist the officer in the removal of a prisoner from one county to another without the special order, in writing, of the court before whom said prisoner has been tried or brought for examination and inquiry. If two or more prisoners are to be guarded, the officer may increase his guard to three.

S 3. The court in the case referred to in the preceding May be increased section, if satisfied by evidence that there is danger of a by court when

rescue or of an escape, shall order the necessary number of guards to be summoned to conduct the prisoner to the penitentiary or to jail, or to safely keep him until trial can be had.

§ 4. If two or more criminals shall be convicted at the All criminals con- same term of any court, they shall all be conducted to the

penitentiary by the same officer and guard, and the officer tentiary at same and guard shall be allowed compensation for such service for

one trip only.

S 5. Persons summoned as guards for the safe-keeping of Acts 1865, 23. prisoners confined in jail, or to assist an officer conducting a guards, and how convict to the penitentiary, or conveying a prisoner or per

son from one county to another, shall be allowed one dollar and fifty cents per day, all to be paid out of the Treasury of the State, unless ordered to be paid by the county, under the provisions of this chapter, having first been established

and allowed by the circuit judge, or audited and settled by Allowance to offi- the Auditor, as provided for in this chapter. The officer

shall be allowed all reasonable expenses for putting in irons, dieting, lodging, horse hire, ferriages, and tolls paid for the prisoner.

$ 6. All such claims shall be verified by the oath of the How the claims officer, if living, or other witness if the officer be dead or

out of the State, and approved by the circuit court, before they shall be paid at the Treasury, unless audited and set tled by the Auditor himself. If the Auditor shall be of

victed at saine term to be conducted to peni

paid.

cer for expenses of criminal.

to be verified and approved.

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