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leaving a copy thereof, certified by the officer or person charged with the service thereof, at the last and usual place of abode of such party.
Sec. 9. When application shall be made for the appointment, approval or removal of a guardian of a minor, the said minor and his parents shall be deemed the only parties interested therein; and when application shall be made for the appointment or removal of a guardian of a person of full age, such person shall be deemed an interested party, together with such others as the court of probate in any case shall adjudge to be interested.
Sec. 10. After the setting up of the notice in the town clerk's office, mentioned in the eighth section, and notice to the intended ward, all contracts, bargains and conveyances made by such intended ward, until the final action of the court of probate on the application, shall be null and void ; and all contracts, bargains and conveyances made by any person under guardianship shall be utterly void.
SEC. 11. It shall be the duty of every guardian approved of or appointed by a court of probate, to take suitable charge of the person over whom he shall be appointed guardian, and to improve his estate frugally and without waste, and to apply the income and profits thereof to the support and maintenance of the person to whom they shall belong, and his household or family, if any such there be. In case the personal estate and the income of the real estate of any person who shall be under guardianship as aforesaid shall not be sufficient to support him and his household or family, the said guardian shall petition the court of probate for liberty to make sale of so much of the real estate of such person, or of the wood or timber thereon standing and growing, or of the stone in the quarry, or of peat and coal, as may be necessary therefor.
Sec. 12. Upon the appointment or approval of any guardian as aforesaid, he shall give immediate notice thereof by advertisement, six successive weeks, in some newspaper printed in this state ; and shall also, at the same time, notify the creditors of his ward to exhibit their claims within six months from the date of said notice; within three months after his appointment, he shall exhibit to the court of probate an inventory of all the real and personal estate of his ward, to be taken by three suitable persons appointed by the court of probate, and sworn before said court or any magistrate to the faithful discharge of that trust. And he shall also, before making payment to any one, exhibit to said court a list of all the claims presented against his ward, noting thereon such as are allow
ed by him, and such as are rejected in whole or in part; and it shall be the duty of the guardian to collect all the personal property of his ward, and sell and appropriate the same, or so much thereof as shall be necessary, at such time and in such manner as the court of probate shall direct, to the payment of all the debts of such ward, in equal proportions as aforesaid ; except that debts due to the United States, debts due to this state, and for state and town taxes, shall be first paid, and in the order in which they are named; and when it shall appear that the personal property is insufficient for the purposes aforesaid, he shall apply for liberty to sell so much of the real estate, or of the wood or timber thereon standing and growing, or of stone in the quarry, or of coal or peat thereon,
may be necessary to make up the deficiency with incidental expenses ; and if any guardian as aforesaid shall neglect to exhibit a true inventory of his ward's estate, or a list of the claims presented against his ward as above required, or shall neglect to apply the real and personal estate of his ward as aforesaid, to the payment of his debts as aforesaid, it shall be deemed a forfeiture of his bond given as aforesaid, and he shall be liable for an action thereon, by any creditor who may be damnified thereby, and judgment shall be entered as on administration bonds sued : provided, that no action shall be brought upon any such bond, for the benefit of any creditor, unless such creditor shall give security for costs, by endorsing the writ, or procuring some sufficient person to endorse the same if he be not an inhabitant of the state, who shall be liable in case the defendant recovers; and the court shall issue execution, as in other cases.
SEC. 13. Each creditor who neglects to exhibit his claim to the guardian, within the term of six months as aforesaid, shall be forever barred of all claim therefor against the guardian, unless there shall be surplus property in his hands, after paying all debts, and expenses and allowances, made by the court of probate, as in this act provided.
Sec. 14. No action shall be sustained against any guardian within twelve months after his appointment and notice thereof, unless the claim exhibited is wholly or in part rejected by the guardian; in which case the creditor may bring his suit forthwith, and shall be entitled to the whole, or a dividend ift he estate should prove insolvent, upon such sums as he may recover in such suit.
Sec. 15. Such guardian is hereby authorized to submit any disputed claim, whether in favor of or against his ward, to referees, whose decision shall be final between the parties;
and all legal demands against the ward, although the same may not be then due, may be filed, and shall be entitled to a dividend, allowing interest for the anticipated payment, in the same manner as other demands actually due.
Sec. 16. Courts of probate are authorized in the settlement of the accounts of any guardian by them appointed, to make all reasonable allowances for such sums as the guardian from time to time shall have paid for the comfortable support of his ward, and family if any there be, and also a reasonable compensation to the guardian aforesaid for his services under this act.
Sec. 17. It shall be the duty of guardians of minors to take special charge of their education; and it shall also be the duty of the guardians of idiots, lunatics, persons non compos, and persons adjudged to be incapable of managing their own estates, to take the like charge of the education of the children of such persons, unless guardians shall be especially appointed for such children; and the estates of such persons, and also the estates of minors, shall be liable for the education of such minors and children aforesaid, in the same manner as for their support and maintenance, and may be disposed of accordingly.
Sec. 18. In case where a guardian of the property only is appointed, the property of the minor in the hands of the guardian shall not be chargeable with any debt against such minor contracted during the life of his father, if such father shall, in the opinion of the court of probate, be of sufficient ability to maintain such minor; and in case any part of the property of such minor is deemed necessary as aforesaid for his support or education, the same shall be paid out by the guardian for that purpose, under the advice and direction of the court of probate.
Sec. 19. Every person authorized by law to make a will, shall have a right to appoint by his will a guardian or guardians for his children during their minority; and every guardian so appointed, shall, before he proceed to act as such, give bond with sufficient sureties, and be accountable in the same manner as if he had been appointed by the court of probate, unless the testator shall otherwise specially provide in his will.
An Act to secure to Masters and Apprentices and Minor Ser
vants, bounden by deed, their mutual privileges.
SECTION 1. Minors may be bound as apprentices 4. Apprentice absconding or neglecting
or servants--females to the age of his duty, to be apprehended on a juseighteen years or marriage, and males tice's warrant and returned to his to the age of twenty-one years, by fa master, or committed to jail. ther, and in certain cases by mother, 5. Master may complain to court of comby guardian, or by themselves.
mon pleas against an apprentice guil2. Binding to be by indenture, and all ty of gross misbehaviour, and be dis
considerations allowed by the master charged from his contract, after noto be for sole use of the minor.
tice to the apprentice and others cov3. Parents and others binding out mi enanting in his behalf.
nors, to protect them from ill usage 6. Indenture of apprenticeship void on court of common pleas may discharge the death of the master. minors bound, in case of ill usage.
It is enacted by the General Assembly, as follows:
SECTION 1. Every minor, within the age of twenty-one years, may be bounden by deed, as a servant and apprentice, by his father, and in case of his decease, by his mother, when sole, or being within the age of fourteen years, by his guardian legally appointed; and if fourteen years of age and having no such parent, may of his voluntary accord, with the approbation of his guardian, or in case of no such guardian, by and with the approbation of the town council of the town where such minor belongs or resides, bind himself by deed, as an apprentice or servant; females to the age of eighteen years or to the time of their marriage within that
and males to the age of twenty-one years.
Sec. 2. In every case there shall be two deeds of the same form and tenor executed by both parties, one to be kept by each; and all considerations which shall be allowed by the master in any contract of service or apprenticeship shall be secured to the sole use of the minor thereby engaged; and all contracts that shall be made by any parent or guardian, or by any for him pursuant to this act, shall be good and effectual in law against all parties, and the minor thereby engaged, according to the tenor thereof.
Sec. 3. It shall be the right and duty of all parents and guardians, and of town councils for the time being, where the town council shall give their approbation as aforesaid, binding minors as aforesaid, to enquire into the usage of apprentices and servants, bounden as aforesaid, and to defend them from the cruelty, neglect or breach of covenant of their masters; and such parents, guardians or town councils for the time being, may complain to the court of common pleas in the county where such master is an inhabitant, against him,
for any personal cruelty, neglect or breach of covenant, and the court, after having duly notified the party complained against, shall proceed to hear and determine such complaint; and if the said complaint shall be supported, the court may render judgment, that the said minor be discharged from his apprenticeship or service, with costs against the master, and award execution accordingly; in which case the deed of service or apprenticeship shall be deemed void, from the time of rendering judgment, and the minor may be bounden out anew; but if such complaint shall not be supported, the court shall award costs to the respondent, against the parent, guardian or town council, where the complaint of the town council shall be without probable cause, and issue execution accordingly.
Sec. 4. If any servant or apprentice, bounden as aforesaid, shall depart from the service of his master, or otherwise neglect his duty, it shall be lawful for any justice of the peace of the county where such servant or apprentice may be found, on complaint made to him in writing by the master, or by any one in his behalf, on oath, to issue his warrant to the sheriff, his deputy, or to any town sergeant or constable within the county, directing him to apprehend such servant or apprentice, and bring him before the said justice ; who upon hearing shall endeavor to reconcile the difference, if he can, and order the said servant or apprentice to be returned to the place of his duty, or to commit him to the state's jail in the county, there to remain for a term not exceeding twenty days, unless sooner discharged by his master; and the justice's warrant for returning such servant or apprentice to the place of his duty, directed to any officer or other person by name, shall authorize him to convey any such servant or apprentice to such place, notwithstanding it may be in any other county in this state ; and the costs of the process and commitment by said justice shall be paid by the master, to be recovered by him of the parent or guardian, and the same with all further costs he may be holden to pay shall be a proper article of charge in such guardian's account.
Sec. 5. If any servant or apprentice, bounden as aforesaid, shall be guilty of any gross misbehaviour, wilful neglect or refusal of his duty, the master may complain thereof to the court of common pleas in the county whereof he is a resident; and the said court, after having duly notified such servant or apprentice, and all persons covenanting on his behalf, and the town council for the time being of the town when they shall approve as aforesaid, shall proceed to hear and decide upon