Imagens das páginas
PDF
ePub

of a copy of such complaint and order as aforesaid, and before the termination of the guardianship, shall be utterly void.

TITLE XX.

CHAPTER 86.

fending.

SEC. 19. When a guardian shall be appointed for an insane person Allowance for or a spendthrift, the judge shall make an allowance, to be paid by the expense of deguardian, for all reasonable expenses incurred by the ward in defending himself against the complaint.

of spendthrift.

SEC. 20. Every guardian appointed for a spendthrift, shall have the Powers and ducare and custody of the person of the ward, and the management of ties of guardian all his estate, until the guardian shall be legally discharged; and he 5 Mass., 427. shall give bond to the judge of probate, ir. like manner, and with like condition, as is hereinbefore directed with respect to the guardian of

an insane person.

pay

debts of ward, out of his estate.

SEC. 21. Every guardian appointed under the provisions of this Guardian to pay chapter, whether for a minor or any other shall person, all just debts due from the ward out of his personal estate and the income of his real estate, if sufficient, and if not, then out of his real estate, upon obtaining license for the sale thereof and disposing of the same in the manner provided by law.

collect debts of

How estate to

SEC. 22. Every such guardian shall also settle all accounts of the Guardian to setward, and demand, sue for and receive all debts due to him, or may, tle accounts, and with the approbation of the judge of probate, compound for the ward same, and give a discharge to the debtor, on receiving a fair and just dividend of his estate and effects; and he shall appear for and represent his ward, in all legal suits and proceedings, unless where another person is appointed for that purpose as guardian or next friend. SEC. 23. Every guardian shall manage the estate of his ward frugally and without waste, and apply the income and profits thereof, as be managed. be necessary, for the comfortable and suitable maintenance and support of the ward, and his family, if there be any; and if such income and profits shall be insufficient for that purpose, the guardian may sell the real estate, upon obtaining a license therefor as provided by law, and shall apply the proceeds of such sale, so far as may be necessary, for the maintenance and support of the ward, and his family if there be any.

far as may

tion and assign

SEC. 24. The guardian may join in and assent to a partition of the Guardian may real estate of the ward, in the cases, and in the manner provided by assent to parti law, and he may also assign and set out dower in the said estate to dower. any widow entitled thereto.

al estate, how

SEC. 25. Upon the taking of any inventory required by this chap- Appraisal of ester, the estate and effects comprised therein shall be appraised by three tate, and persousuitable persons, to be appointed and sworn in like manner as is re- disposed of. quired with respect to the inventory of the estate of a deceased testator or intestate; and every guardian shall account for and dispose of the personal estate of the ward, in like manner as is directed with respect to executors and administrators.

stocks, &c.

SEC. 26. The judges of probate in their respective counties, on the Transfer of application of a guardian, or of any person interested in the estate of any ward, after such notice to all persons interested therein as the judge of probate shall direct, may authorize or require the guardian to sell and transfer any stock in public funds, or in any bank or other corporation, or any other personal estate or effects held by him as guardian, and to invest the proceeds of such sale, and also any other moneys in his hands, in real estate, or in any other manner that shall be most for the interest of all concerned therein; and the said pro

TITLE XX.

CHAPTER 86.

Removals and resignations of guardians.

Marriage of fe

male ward ter-minates guardianship. Dis

bate court may make such further orders, and give such directions, as the case may require, for managing, investing, and disposing of the estate and effects in the hands of the guardian.

SEC. 27. When any guardian, appointed either by a testator or the judge of probate, shall become insane, or otherwise incapable of discharging his trust, or evidently unsuitable therefor, the judge of probate, after notice to such guardian, and all others interested, may remove him; and every guardian may, upon his request, be allowed to resign his trust, when it shall appear to the judge of probate proper to allow the same; and upon every such resignation or removal, and upon the death of any guardian, the judge of probate may ap point another in his place.

SEC. 28. The marriage of any female who is under guardianship as a minor, shall terminate such guardianship; and the guardian of insane person, spendthrift, or other person, may be discharged any charge of guar- by the judge of probate, when it shall appear to him, on the application of the ward or otherwise, that such guardianship is no longer

dian in certain

cases.

When new bond

necessary.

SEC. 29. The judge of probate may require a new bond to be given to be given, &c. by any guardian whenever he shall deem it necessary, and may discharge the existing sureties from future responsibility, after due notice given as such court may direct, when it shall satisfactorily appear that no injury can result therefrom to those interested in the

estate.

SEC. 30. Any bond given by a guardian may be put in suit by orBond may be put der of the judge of probate, for the use and benefit of the ward, or

in suit.

Within what

sureties.

of any person interested in the estate; and the proceedings in such suit shall be conducted in like manner as is provided with respect to suits on the bonds of executors or administrators.

SEC. 31. No action shall be maintained against the sureties in any time action to be bond given by a guardian, unless it be commenced within four years brought against from the time when the guardian shall have been discharged; provi ded, that if at the time of such discharge, the person entitled to bring such action shall be out of the state, or under any legal disability to sue, the action may be commenced at any time within four years after the return of such person to the state, or after such disability shall be removed.

Proceedings in

zleinent, &c.

SEC. 32. Upon complaint made to the judge of probate by any case of embez guardian, or by the ward, or by any creditor or other person interested in the estate, or by any person having any prospective interest therein, as heir or otherwise, against any one suspected of having concealed, embezzled or conveyed away any of the money, goods or ef fects, or any instrument in writing, belonging to the ward, the judge. may cite and examine such suspected person, and proceed with him as to such charge, in the same manner as is provided with respect to persons suspected of concealing or embezzling the effects of a deceased testator or intestate.

Guardian for minore, &c., resi

state.

SEC. 33. When any minor or other person liable to be put under ding without the guardianship, according to the provisions of this chapter, shall reside without this state, and shall have any estate therein, any friend of such person, or any one interested in his estate, in expectancy or otherwise, may apply to the judge of probate of any county in which there may be any estate of such absent person; and after notice giv en to all persons interested, in such manner as the judge shall order,

to him

pro

TITLE XX. CHAPTER 87.

guardians.

and after a full hearing and examination, if it shall appear per, he may appoint a guardian for such absent person. SEC. 34. Every guardian appointed according to the provisions of Powers and duthe preceding section, shall have the same powers, and perform the ties of such same duties with respect to any estate of the ward that shall be found within this state, and also with respect to the person of the ward, if he shall come to reside therein, as are prescribed with respect to any other guardian appointed by force of this chapter.

SEC. 35. Every such guardian shall give bond to the judge of pro- Bond. bate, in like manner, and with the like condition, as is hereinbefore provided with respect to other guardians, excepting that the provisions respecting the inventory, the disposal of the estate and effects, and the account to be rendered by the guardian, shall be confined to such estate and effects as shall come to his hands in this state.

guarsent minors, &c.

SEC. 36. The guardianship which shall be first lawfully granted, of Extent of any person residing without the state, shall extend to all the estate of dianship of ab the ward within the same, and shall exclude the jurisdiction of the probate court in every other county.

SEC. 37. Every guardian shall be allowed the amount of his reason- Compensation of able expenses incurred in the execution of his trust, and he shall also guardians. have such compensation for his services, as the court in which his accounts are settled, shall deem to be just and reasonable.

SEC. 38. When an account is rendered by two or more joint guar- Account of joint dians, the judge of probate may, in his discretion, allow the same up- guardians. on the oath of any one of them.

SEC. 39. The word "spendthrift," in all the provisions relating to Word "spendguardians and wards, contained in this or any other statute, is intend- thrift" defined. ed to include every person who is liable to be put under guardianship, on account of excessive drinking, gaming, idleness, or debauchery.

CHAPTER 87.

OF MASTERS, APPRENTICES AND SERVANTS.

apprentices, &c.,

SECTION 1. Every male infant, and every unmarried female under Infants may bind the age of eighteen years, with the consent of the persons or officers themselves as hereinafter mentioned, may, of his or her own free will, bind himself or for what terms. herself in writing, to serve as clerk, apprentice or servant, in any profession, trade or employment, if a male, until the age of twenty-one years, and if a female, until the age of eighteen years, or until her marriage within that age, or for any shorter time; and such binding shall be as valid and effectual as if such infant was of full age, at the time of making such engagement.

SEC. 2. Such consent shall be given,

1. By the father of the infant. If he be dead, or be not in a legal Consent by whom to be giv. capacity to give his consent, or if he shall have abandoned and neg- en. lected to provide for his family, and such fact be certified by a justice of the peace of the township, and endorsed on the indenture, then, 2. By the mother. If the mother be dead, or be not in a legal capacity to give such consent, or refuse, then,

3. By the guardian of such infant duly appointed. If such infant

TITLE XX. CHAPTER 87.

be signified.

have no parent living, or none in a legal capacity to give consent, and there be no guardian, then,

4. By the directors of the poor, or any two justices of the peace of the township where such infant shall reside.

SEC. 3. Such consent shall be signified by the person or officers How consent to entitled to give the same, by writing at the end of, or endorsed upon each part of the indentures, signed by such person or officers, and not otherwise.

5 Cowen, 170.

10 J. R., 99.

Indentures.

When county superintendents of the poor may bind minora.

13 J. R., 270.

When directors of poor may bind.

Age of minor to

dentures.

SEC. 4. No minor shall be bound as aforesaid, unless by indentures in two parts, sealed and delivered by both parties.

SEC. 5. The county superintendents of the poor, in the several counties, may bind out any child, under the ages above specified, who shall be sent to any county poor house, or who is or shall become chargeable, or whose parent or parents shall become chargeable to such county, to be clerks, apprentices, or servants, until such child, if a male, shall be twenty-one years old, and if a female, shall be eighteen years old, or until her marriage within that age; which binding shall be as effectual as if such child had bound himself or herself with the consent of his or her father.

SEC. 6. The directors of the poor of any township or city, may also bind out any such child, who, or whose parent or parents shall become chargeable to the county, and who shall be supported in their township, with the consent in writing of one of the county superintendents of the poor.

SEC. 7. The age of every infant, bound pursuant to the provisions be inserted in in- of this chapter, shall be inserted in the indentures, and shall be taken to be the true age without further proof thereof, and whenever any public officers are authorized to execute any indentures, or their consent is required to the validity of the same, it shall be their duty to inform themselves fully of the infant's age.

Counterpart,

where to be deposited. Provis

ted.

SEC. 8. The counterpart of any indentures executed by the county superintendents of the poor, shall be by them deposited in the office ons to be inser- of the clerk of the county; and the counterpart of any such indentures executed by the directors of the poor, shall be by them deposited in the office of the clerk of their township or city; and provision shall be made in every such indenture for teaching the minor to read, write and cypher, and for such other instruction, benefit and allowance, as such superintendents or directors may think reasonable.

Moneys, &c.,

paid by master, to be for use of

minor.

Who to inquire

children, and to defend them.

SEC. 9. All considerations of money or other things paid or allowed by the master, upon any indenture of apprenticeship or service, made in pursuance of this chapter, shall be paid or secured to the sole use of the minor bound thereby.

SEC. 10. Parents and guardians, and superintendents and directors into treatment of of the poor, shall inquire into the treatment of all children bound by them respectively, or with their approbation, and of all who shall be bound by their predecessors in office, and defend them from all cruelty, neglect, or breach of the indentures on the part of their mas

Complaint against master

ters.

SEC. 11. In case of any such misconduct or neglect of the master, a complaint may be filed by the parent or guardian, or by the superfor misconduct. intendents or directors of the poor, in the probate court for the county in which the master resides, setting forth the facts and circumstances of the case, and the court, after having caused such notice as it shall deem reasonable, to be given to the master, shall proceed to hear and determine the cause.

APTER 87.

TITLE XX.

SEC. 12. After a full hearing of the parties, or of the complainant alone in case the master shall neglect to appear, the court may make an order or decree, that the minor be discharged from his apprentice- When court may ship or service, and for the costs of the proceeding against the master, and award costs and may issue execution therefor accordingly, and the minor may be against master. bound out anew, unless such order be reversed on appeal.

discharge minor

awarded against

SEC. 13. If the complaint be not sustained, the court shall order When costs to be costs to be paid by the complainant to the master, and issue execu- complainant. tion therefor accordingly; excepting, that if such complaint be made by the superintendents or directors of the poor, the court shall not award costs against them, unless it shall appear that the complaint was made without any just or reasonable cause.

ble to action.

SEC. 14. Every master shall also be liable, whether such complaint shall Master, when lia have been filed or not, to an action on the indenture, for the breach of any covenant on his part therein contained; which action shall be brought in the name of the minor by his guardian or next friend, or by himself, after his majority.

red, how dis

posed of.

SEC. 15. If such action be brought, and a recovery be had, during Damages recov the minority of such apprentice or servant, the damages recovered in such action, after paying the necessary charges of the prosecution, shall be the property of the minor, and may be appropriated to his use, or invested for his benefit in the same manner as any other property belonging to such minor.

time action to be commenced.

SEC. 16. No such action shall be maintained by any apprentice or Within what servant, unless it be commenced during the term of apprenticeship or service, or within two years after the expiration thereof.

rendered for

ed.

SEC. 17. If judgment in such action shall, upon the final determina- If judgment be tion thereof, be rendered for the plaintiff, the court in which the same plaintiff, minor is prosecuted may thereupon, by an order to be entered in its minutes, may be dischargdischarge the minor from his apprenticeship or service, if it shall not have been already done in the manner before provided, and the minor may thereupon be bound out anew.

apprentice or

servant leaves

SEC. 18. If any apprentice or servant bound as aforesoid, shall un- Proceedings if lawfully depart from the service of his master, any justice of the peace, upon complaint on oath made to him by the master, or by any one in his behalf, may issue his warrant to apprehend the apprentice or servant, and bring him before such justice.

the service of his master.

der offender to

SEC. 19. If such complaint be supported, the justice may order the Justice may oroffender to be returned to his master, or may commit him to the com- be returned, or mon jail or house of correction, there to remain for a term not exceed- may commit him. ing twenty days, unless sooner discharged by his master.

rant.

SEC. 20. The justice's warrant, when directed to any officer or Effect of warother person by name, shall authorize him to convey the offender to the place of residence of the master, although it may be in any other county in the state.

SEC. 21. All the costs incurred on any such process against an ap- Who to pay prentice or servant, shall be paid in the first instance by the master; costs. and if the complaint be supported, the amount of such costs may be recovered in an action against the minor, after he shall arrive at full age.

against appren

SEC. 22. If any such apprentice or servant shall be guilty of any Complaint gross misbehavior, or refusal to do his duty, or wilful neglect thereof, his master may file his complaint in the probate court of the county in which he resides, and the court, after causing such notice as it shall

tice for misbeha vior and pro ̈ce, pick., 451,

dings thorean.

« AnteriorContinuar »