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property of infants. The court will remove guardians appointed by their authority, and also statutory and testamentary guardians, whenever sufficient cause can be shown. Guardianship is a delegated trust for the benefit of the infant; and in case the guardian abuses his trust, the court will check and punish or remove him, and appoint another in his stead.

5. Guardians are required to exercise that degree of care, skill, and prudence, in managing the property of their wards, which men generally exercise in the transaction of their own affairs. A want of such care, skill, and prudence would be gross negligence, and would render the guardian personally liable for all loss of, and injury to, the property of his ward. If he employ an agent to transact any business in reference to the property of his ward, it is his duty to exercise proper care in the selection of such agent, and in compelling the agent to perform his duty. Gross negligence in this duty will render the guardian personally liable for the acts of the agent. A guardian using the money of his ward, or neglecting to invest it, is chargeable with interest. A guardian should keep his ward's property separate from his own; otherwise he will make it his own so far as to render himself accountable for it. A guardian cannot trade with himself on account of his ward, or buy or use his ward's property for his own benefit. If the guardian put his ward's property into his business, and the business is unsuccessful, all the loss will fall upon the guardian, and he will be liable to his ward for the capital and interest. If

cause shown? What is guardianship? In case the guardian abuses this trust, what will the court do?

5. What degree of care and skill are guardians required to exercise in managing the property of their wards? What would a want of such care and skill be? To what would it render the guardian personally liable? If it is necessary to employ an agent in transacting the business of his ward, what is his duty? What will render the guardian personally liable for the acts of such agent? If the guardian use the money of his ward, or neglect to invest it? How should the guardian keep the property of his ward? Why? What are guardians prohibited from doing? If a guardian put his ward's property into business, and the

the investment of his ward's property in business should prove successful, the ward would be entitled to his capiital invested, and the profits thereon. In such case, he may make his selection either to take the capital invested and the interest, or the capital invested and the profits.

6. An infant may sue and be sued; but when an infant is a party, he must appear in court by guardian ad litem. It is within the province of every court to appoint a guardian ad litem when a party in a suit is an infant. If the infant be the plaintiff, he must have a guardian ad litem appointed before the suit is commenced. If the infant be the defendant, he is sued in his own name alone, as any person of full age is sued; but when he appears in court to defend the suit, he must have a guardian ad litem appointed. He does not necessarily appear by his general guardian, if he has one; but the court may appoint any person guardian ad litem to defend that particular suit. If the infant be the plaintiff, the guardian ad litem may be appointed on his own application, if over fourteen years of age; but if under fourteen, upon the application of his guàrdian, or on the application of a friend of the infant, on notice to the guardian. If the infant be the defendant, a guardian ad litem may be apappointed on similar application. If no application is made for a guardian ad litem by the infant, or on his behalf, within a limited time, the plaintiff may apply to the court to have one appointed. This must be done before a judgment can be taken against the infant.

business is unsuccessful? If the business should prove successful, to what is the ward entitled? In such case, what selection may he make?

6. Can an infant be a party in an action? How must he appear in court? By whom is the guardian ad litem appointed? When appointed, if the infant be plaintiff'? If the infant be defendant, how is he sued? What must be done when he appears in court? Does he appear by his general guardian? Whom will the court appoint? If the infant plaintiff be fourteen years of age, upon whose application will the court appoint a guardian ad litem? If under fourteen? If the infant be defendant, how is the guardian ad litem appointed? If no application is made by the infant, or on his behalf, within the time limited by law, what may the plaintiff do?

7. There is a court held in each county in the several States for the purpose of settling the estates of deceased persons. In some States, these courts are called probate courts; in others, surrogates' courts. The judge, in some States, is called judge of probate; in others, surrogate. Guardians are generally appointed by the judge of probate or the surrogate. In New York, application for the appointment of a guardian is made by the minor himself, if fourteen years of age, by petition to the surrogate of the county where the minor resides. The minor may nominate his guardian, subject to the approval of the surrogate. If the minor be under fourteen, such application may be made by a relative or other person in his behalf. Before the surrogate appoints a guardian, he requires the guardian to give a bond to the minor, with sufficient sureties, in a penalty double the amount of the personal estate, and of the value of the rents and profits of the real estate. The condition of such bond is, that he will faithfully discharge the duty of guardian to such minor according to law; and that he will render a true and just account of all moneys and other property received by him, and of the application thereof, and render an account of his guardianship to any court having jurisdiction thereof, when required.

8. It is the duty of every guardian in socage, and every general guardian, whether appointed by will or by the surrogate-1. To keep safely all the property of his ward which may come into his possession; 2. Not to suffer any

7. For what special purpose are courts, held in the several counties? What are these courts called? What are the judges of these courts called? By whom are guardians generally appointed? By whom is the application made in the State of New York, if the minor is fourteen years of age? To what surrogate is his petition presented? By whom is the guardian nominated? If the minor is under fourteen years of age, on whose application will a guardian be appointed? Before the surrogate will appoint a guardian, what will he require? In what penalty! What is the condition of such bond? To whom is he to render an account?

8. What is the duty of every guardian in socage, and every general guardian, as to the property of his ward which may come into his pos

sale, waste, or destruction of such property; 3. To keep in repair the houses, gardens, and other appurtenances to the lands of his ward, with the issue and profits thereof, or with such other moneys of his ward as may be in his hands; 4. To deliver to his ward, when he becomes of full age, such property in as good order as when received by him, inevitable decay and injury only excepted; 5. To account to his ward for all issues and profits of such estate. Guardians are entitled to their reasonable expenses, and a rate of compensation fixed by law in the several States. In New York they are entitled to five per cent. for receiving and paying out sums of money not exceeding one thousand dollars; two and a half per cent. on sums exceeding one thousand and not exceeding five thousand; and one per cent. on all sums over five thousand dollars.

9. A guardian has the legal power to sell or dispose of the personal property of his ward in any manner he may think most conducive to the purposes of his trust; and a purchaser who deals fairly has a right to presume that the guardian acts for the benefit of his ward, and is not bound, to inquire into the nature of the trust. The guardian has no power to sell the real property of his ward. The guardian is allowed half commissions for receiving, and half for paying out the trust-money.

session? As to waste and destruction of such property? As to keeping the houses and gardens in repair? When is he to deliver such property to his ward? In what condition? For what is he to account? To what compensation are guardians entitled? At what amount fixed in New York?

9. What power has the guardian over the personal property of his ward? Over the real property?

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CHAPTER XLV.

DISSOLUTION OF THE MARRIAGE CONTRACT.

1. WHEN a marriage contract has been duly solemnized, it becomes a perpetual obligation, and cannot be cancelled at the option of either or of both parties. It continues in force until dissolved by the death of one of the parties, or by divorce. Divorces are divided into two classes: 1. Divorce a vinculo matrimonii (from the chain of matrimony); 2. Divorce a mensa et thoro (from table and bed). The laws governing marriage and divorce are contained. in the statutes of the several States, each State enacting its own laws. The causes for which a divorce a vinculo is granted differ in the several States. There may be causes existing at the time of the marriage, for which the court, by sentence of nullity, will declare such marriage contract void. There may be causes which have arisen since the formation of the contract, for which the court will dissolve the contract.

2. The causes which exist at the time of the marriage, for which the Supreme Court in New York will, by sentence of nullity, declare the marriage contract void, are: 1. That the parties, or one of them, had not attained the age of legal consent; 2. That the former husband or wife of one of the parties was living, and the marriage with such former husband or wife was then in force; 3. That

1. When a marriage contract has been duly solemnized, what does it become? Can it be annulled at the choice of the parties? How may it be dissolved? Of what two classes are divorces? By what legislative body are the laws governing marriage and divorce made? Are the causes for granting a divorce a vinculo the same in all the States? When may causes exist for which the court will declare the marriage contract void? When may causes arise for which the court will dissolve the marriage contract?

2. What are the causes existing at the time of the marriage for which the courts will declare the marriage contract void?

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