13. The infant can acquire property independent of his father in any way, except by his services. The father is entitled to the services of the infant, and to all that such child earns by his labor. He has the same right in this respect that the master has to the services of his apprentice. The father is entitled to an action for loss of services when his minor child has been enticed away, or when he has been beaten. The father is entitled to an action for loss of services when his daughter, being a minor, has been allured from virtue. The loss of services is not the rule of damages in this case. The real ground for damages is the disgrace to the family. Often when the least service is performed, the highest damages are given. It is wholly immaterial whether the daughter be a minor or not, if she live with her father. In case of a minor, it is immaterial whether she live with her father or not. If she be at school abroad, she is his servant. He has a right to her services, and can recall her when he pleases. When the father is deceased, this action may be maintained by the mother, or by any one who stands in loco parentis. Mothers, during coverture, exercise authority over their children, but in a legal point of view they are considered as the agents of their husbands. After the death of the husband they have authority.

14. An infant before its birth is considered, in many instances, as in being, as much so as one that is born. A child born after the death of the father is entitled to a distributive share of the father's estate, as much as one who was born before his death. When waste is being

13. How can an infant acquire property? To what is the father entitled? If a minor child has been enticed away from home or beaten, to what is the father entitled? To what action is the father entitled if his daughter is allured from the path of virtue? What is the real ground for damages? Is it necessary that the daughter be a minor if she live with her father as his servant? In case she is a minor, is it necessary for her to live with her father to give him this right of action? If the daughter be at school? If the father is deceased, in whom is this right of action? How are mothers considered in exercising authority over their children?

14. When is an infant considered as in being? To what is a child

committed upon an estate of a child before its birth, the court of chancery will grant an injunction on a bill filed in favor of such infant.

CHAPTER XLIII.

SUPPORT OF THE POOR.

1. THE father, mother, or children (if of sufficient ability) of any poor person who is unable to work to maintain himself, are obliged, at their own charge, to maintain such poor person, in most of the States. Every poor person who is unable to work to maintain himself must be maintained by the town or county in which he may be, if he have no father, mother, or children of sufficient ability to support him. If he has not gained a settlement in the county in which he has become poor or sick, he must be supported at the expense of the county.

2. The laws of England and of the several States are similar in most points in reference to gaining a settlement in any town or county. Proof of the place of birth is prima facie proof of settlement. All legitimate children are settled in the town or county in which their parents reside, until they get a settlement for themselves. When a woman marries a man settled in another town, her set

born after the death of his father entitled? If waste is committed upon an estate of a child before its birth?

1. If a poor person who is unable to work to maintain himself has a father, mother, or child of sufficient ability to support him, what are they obliged to do? If such poor person have no such father, mother, or child, by whom is he to be supported? If he has not gained a residence in any town in the county, by whom is he to be supported?

2. What laws are similar in most points in reference to gaining a settlement in any town or county? What is prima facie proof of settlement? Where are all legitimate children settled, until they get a settlement of their own? When a woman marries a man settled in another

tlement is changed to that of her husband. In New York, any person of full age is a resident and inhabitant of any town where he has resided one year, and the members of his family who have not gained a separate settlement are deemed settled in such town.

3. A minor may gain a settlement-1. By being married, if a female, and living for one year with her husband; in which case, the settlement of the husband determines that of the wife; 2. If a male, by being married, and residing for one year separate from the family of his father; 3. By being bound as an apprentice, and serving one year by virtue of such indentures; 4. By being hired, and actually serving for one year for wages to be paid to such minor. A woman of full age, by marrying, acquires the settlement of her husband Until a poor

person gains a settlement in his own right, his settlement is that of his father and mother. No child born while the mother is a county pauper can gain a settlement by reason of the place of his birth.

4. The following classes of persons are deemed vagrants: 1. All idle persons not having any visible means of support, who live without employment; 2. All persons wandering abroad, and lodging in beer-houses, outhouses, market-places, sheds, or barns, or in the open air, and not giving a good account of themselves; 3. All persons wandering abroad and begging, or who place themselves in the streets or other public places to beg. It is made the duty of every constable or other peace-officer, whenever required by any person, to carry such vagrant before a justice of the peace, for the purpose of examina

town, what becomes her settlement? How does a person of full age become a resident of any town in the State of New York? What is the residence of the members of his family?

3. In what way may a minor gain a settlement, if a female? If a male? If an apprentice? What settlement does a woman of full age acquire by marriage? What is the settlement of a person until he acquires one of his own? If a child is born while his mother is a county pauper?

4. What classes of persons are deemed vagrants? What is made the duty of every constable or other peace-officer? If the justice is satisfied

tion. If the justice is satisfied by the confession of the offender, or by competent testimony, that he is a vagrant, the justice may commit him to the almshouse or poorhouse for a period not exceeding six months, or to the house of correction or common jail not exceeding sixty days; there to be kept on bread and water only, not exceeding one-half the time for which he is committed. This law is nearly the same in each State.

CHAPTER XLIV.

GUARDIANS OF INFANTS.

1. A GUARDIAN is a person appointed by law to take charge of the person and property of an infant. The infant is in this case called a ward. The reciprocal powers and duties of guardian and ward are the same, pro tempore, as that of parent and child. The guardian stands in the place of the parent. In some cases, the parent himself becomes the guardian of the child. If an estate be left to an infant, the father becomes the guardian of the infant, to take charge of the estate. He is required to render an account to the child for the profits.

2. By the statutes of the State of New York, it is provided that when an estate in lands becomes vested in an infant, the guardianship of the infant, with the rights, powers, and duties of a guardian in socage, shall belong1. To the father of the infant; 2. If there be no father,

by the confession of the offender, or by competent testimony, that such person is a vagrant, what action may he take?

1. Define a guardian? What is the infant in this case called? What do the reciprocal duties of guardian and ward resemble? In whose place does the guardian stand? Does the parent ever become the guardian of the child? For what purpose? To whom must he account?

2. When an estate in lands becomes vested in an infant, who becomes his guardian by the statutes of the State of New York? Between rela

then to the mother; 3. If there be no father or mother, then to the nearest and oldest relative of full age, not being under any legal disability; 4. Between relatives of the same degree of consanguinity, males shall be preferred. All statutory provisions relative to guardians in socage are deemed to apply to such guardians. The rights and authority of every such guardian are superseded in all cases where a testamentary or other guardian shall have been appointed.

3. The father is the natural guardian of the child; and at his death, the mother. This guardianship extends only to the person of the infant, and continues till he has acquired the age of twenty-one years. A guardian in socage has the custody of the infant's property, as well as his person. This guardianship continues till the infant is fourteen years of age. The infant is then supposed to have sufficient discretion to choose his own guardian. In England, by statute, the father may dispose of the custody of his minor child by will or by deed, till such child attains the age of twenty-one years. If such guardian be appointed by the will of the father, he is called a testamentary guardian. If appointed by deed, he is called a guardian by statute. This is the law in most of the States. The guardian so appointed has the care of the ward and the management of his estate.

4. The court of chancery, or the Supreme Court possessing chancery jurisdiction, may be regarded as the guardian in chief, having control over the persons and

tives of the same degree of consanguinity, which is preferred? What provisions are deemed to apply to such guardians?

3. Who is the natural guardian of the child? To what does this guardianship extend? What custody has the guardian in socage? To what time does this guardianship extend? What power then belongs to the infant? How may the father dispose of the guardianship of the child in England? To what age? If such guardian is appointed by the will of the father, what is he called? If appointed by deed? Is this the law in the States? What care and control does such guardian exercise?

4. What court may be regarded as guardian-in-chief of the persons and property of infants? What guardians will the court remove for