C. L. 1865, chap. 65. Probate courts to control. minors; and said courts shall possess the control and superintendence of such guardians and their wards; and such Jan. 30, 1860. Tr. guardianship shall continue until such minors arrive at the age of twenty-one years, whether male or female, except as hereinafter provided. 1435. When a guardian shall be appointed for any minor under the age of ten years, unless such appointment be according to the act or last will and testament of the father or mother of the minor, if the minor, after arriving at the age of ten years, shall choose another person for his or her guardian, the court, if there be no just cause to the contrary, shall appoint the person so chosen, and the preceding guardianship shall thereby be superseded. § 1436. Such court shall have power to remove guardians for good cause shown. § 1437. The father, and, in case of his death or abandonment of his family, the mother, shall be the natural guardian of their children, and shall have the care of their persons and education; but in no case shall they have the care and management of their estates, except they be appointed by the court for that purpose, when they shall give bond and security in the same manner as other guardians. Bustamento vs. Analla, vol. 1. p. 255. N. M. Rep. § 1438. No person, to whom the estate of any minor will probably descend, shall be appointed guardian for such minor, except the father or mother. Guardian, minor may choose: when. Id. § 9. Removal. Id. § 10. Guardian: natural. Estates, care of. Id. § 11. Guardian: who not to be. Id. § 12. Guardian. parent may name: condi § 1439. Every father or mother may, by deed or last will or testament, name a guardian for their children, and the per- tion. son named shall be appointed, unless he refuses or neglects to give security, or there be other sufficient reasons against appointing him or her. 1440. When a minor is under the age of ten years, or resides out of the territory, and cannot conveniently appear in court to choose a guardian, or refuses or neglects to choose such guardian as the court can approve, the court may, according to its discretion, appoint a guardian. § 1441. All applications for the appointment of guardians shall be by petition, and if the minor shall be over the age of ten years or under the age of ten years, it shall be stated in the petition, and signed by the next of kin, or the next friend of the minor. § 1442. Every person appointed or chosen as guardian shall, at the term of the court at which he or she may be appointed, and before entering upon the duties as such, enter into bond, with security to be approved by the court, to his ward, in a penal sum at least double the value of the property of the ward, which bond shall be conditioned in the following form: The condition of this obligation is such, that whereas the said was on the day of A. D. 18 appointed by the court of probate of the county of Id. § 13. Guardian, court to appoint; when. Id § 15. Application by petition. C. L. 1865. chap. Said 65. 17: Jan. 30, 1860. after the determination or ceasing of the guardianship of the said ----, give an account of all the money,. property and effects belonging to him or her, in the possession or under the control of said and that shall be due to him or her from the said ; and if the said shall in all things faithfully perform and fulfill his duty as guardian aforesaid, then this obligation shall be void and of no effect; otherwise to be and remain in full force and virtue. § 1443. Such bond shall be filed in the office of the clerk of the court of probate, a certified copy of which shall be evidence, in all cases, in the same manner as the original. § 1444. If it shall at any time appear to the satisfaction of the court that the bond and security given by any guardian is insufficient, the court shall order such guardian to give such other additional security as the circumstances of the case may require, and if such guardian shall neglect or refuse to give such other and additional security within ten days after the making of such order, notice thereof having been given to the guardian, he shall be considered as removed from his guardianship, and the same from that time shall cease. § 1445. When any ward shall be the owner of any improved lands, it shall be the duty of the guardian of such ward annually, to rent such lands to the best advantage, and the guardian shall take bond and security for the payment of the rent, and that the renter will not commit waste on the premises rented. § 1446. If any ward be the owner of unimproved lands, the guardian may, with the sanction of the court, let out such lands upon improvement leases, not to extend more than one year beyond the majority of the ward. $ 1447. The probate court may direct a guardian to expend for the maintenance and education, if it shall be necessary, of his ward, a specified sum, although such sum may exceed the income of the ward's estate; but without such direction, the guardian shall not be allowed, in any case, for the maintenance and education of the ward, more than the clear income of the estate. § 1448. Nothing in the preceding section shall be so construed as to prevent the allowance of accounts heretofore in good faith contracted by any guardian for the maintenance and education of his ward. § 1449. Guardians shall have the care of the person of the ward, and the possession and management of his estate, both real and personal, and shall have authority to receive, and, as guardian, to sue for all debts, rents, accounts and property, real and personal, due and belonging to the ward; and to sell, under the direction of the court, the personal property of the ward. § 1450. All receipts, discharges, and transfers of the guardian, made in good faith, in the exercise of his authority, shall be valid and effectual; and any guardian shall be permitted to sue and defend, as such, for his ward; or the ward may sue by his next friend, or defend by the guardian ad litem. C. L. 1865, chap. 65, § 26; Jan. 30, 1860. Court may order delivery of property: enforcement. § 1451. The court of probate shall have power to order any property, real or personal, that may come to the posses- Tr. sion of a guardian as such, and shall be in his possession at the determination of his guardianship, to be delivered to the person who was his ward, his directors or administrators, and to enforce the same by attachment or imprisonment. 1452. No person shall have any right or authority over the property of a minor, unless he shall have been appointed by the court for that purpose; except that a court of law or equity may, in any action of suit against a minor, admit such person as may be deemed proper to defend such suit or action as guardian of such minor ad litem. § 1453. If, at any time, any guardian shall have on hand any money belonging to his ward beyond what may be necessary for his education and maintenance, such guardian shall, under the direction of the court, loan the same to such persons as will give good security therefor, and such money shall be loaned on such time as the court shall direct. § 1454. If any guardian fail to loan the money of his ward on hand as aforesaid, under the provisions of this act, he shall be accountable for the interest thereon. Ortiz vs. Salazar, vol. 1. page 355, N. M. Rep. § 1455. Any person accepting a guardianship shall take and subscribe an oath to be filed in the office of the clerk of the probate court, that he will truly, faithfully, legally and scrupulously perform the duties of guardian toward his ward. All his accounts and settlements shall likewise be confirmed by a written oath. He shall also return to the court of probate, upon receiving the estate of his ward, or any part thereof, an inventory of the same under oath. § 1456. Every guardian shall render an account of his guardianship at the end of one year from his appointment, and shall fully account for all moneys, effects and property of his ward that may come to his hands, and shall afterwards render accounts and make settlement of his guardianship from time to time as the court of probate may by order direct. § 1457. Any guardian neglecting or refusing to make settlements as required by this act, or as may be required by order of the court, shall be liable to be attached and imprisoned until he make such settlements. Property control of: exception. Id. § 27. Guardian may loan money. Ict. § 28. Guardian accountable for interest. Id. § 29. ed. Oath of guardian. Inventory requir Id. § 30. Account of guardianship: when. Id: § 31. Account: liability for, failure to. Id. § 32. Guardians may be appointed in certain $1458. The court of probate shall also have the power to appoint guardians for insane persons, idiots, and for illegiti- cases. mate children, and for children whose relations are too poor or otherwise unable to take care of them, or when the father shall have been sentenced to prison for an infamous crime, and in all other cases when it shall appear that a guardian is necessary for the welfare of a minor. Id. § 33. Marriage termin § 1459. The guardianship over men and women shall cease ates. with their marriage. § 1460. In all questions concerning guardian and ward, any person interested therein shall have the right of appeal from the decision thereof to the district court, and the district court shall have a general superintendence, as well as original jurisdiction, over guardians and wards, when it shall be made. Id. $34. Jurisdiction of distriet court. C. L. 1865, chap. 65, to appear by petition that the guardian or judge of probate is not complying with the law. § 35: Jan. 30. 1860. Tr. § 1461. Any minor more than ten years of age, whose person is under the guardianship of any person not the mother or father, and preferring some other person as guardian of such minor person, may appoint such person to be guardian, and submit the appointment to the judge of probate of his or her county, whose duty it shall be, immediately to proceed to ascertain whether the person appointed by such minor is not a person of bad reputation, in which case he shall approve the appointment. 1462. The district judges in their respective judicial districts shall have concurrent jurisdiction with the probate judges for the appointment of guardians as hereinafter provided. § 1463. Whenever any person shall have in his charge any minor for at least seven years, whose parents are living, or either of them, and desires to be appointed guardian of such minor who has not arrived at the age of ten years, he may petition the district judge, or the probate judge in vacation, to be appointed guardian of such minor. § 1464. The district judge or probate judge before whom such application is made shall proceed in a summary manner to investigate said petition: and should he find good reasons to appoint the petitioner guardian for the benefit and security of the welfare of such minor, although its parents are living, or either of them, the person in whose favor the application is made shall be appointed guardian of the minor. § 1465. In all cases, not otherwise provided for by law, the father while living, and after his death and when there shall be no lawful father, then the mother if living, shall be the natural guardian of the children, and have the custody and care of their persons, education, and estates, and when such estate is not derived from the parent acting as guardian, such parent shall give security and account as other guardians. § 1466. If a minor have no parents living, or if the parents be adjudged according to law, incompetent or unfit for the duties of guardian, the probate judges, in their respective counties, shall appoint guardians to such minors. 1467. Every appointment of guardian shall specify whether it be of the person, or of the person and estate. § 1468. All guardians of the estate of any minor, and all guardians and curators, appointed by law, shall, before entering upon the duties of such, give bond with security, to be approved by the probate judge by whom they are appointed, to the Territory of New Mexico, for the use of the minors respectively, in double the value of the estate, or interest to be committed to their care, conditioned for the faithful discharge of their duties according to law. § 1469. Guardians and curators shall put the money of minors intrusted to their care, to interest upon mortgage to be approved by the probate judge, or they may, with leave of the probate judge, and the assent of their securities, retain the money in their hands, paying interest therefor, but if no C. L. 1865, chap. 65. person be found to take money on interest, and the guardian and curator should not choose to retain the same, paying in- $5: Sept. 22, 1846. terest, then they shall be liable for the principal alone, until the same can be put to interest. $ 1470. Guardians and curators may put the money of minors intrusted to their care, in all sums under five hundred dollars, to interest, upon any sufficient security, to be approved by the probate court. § 1471. Guardians and curators shall make annual settlements with the probate court, in which their proceedings shall be, beginning at the first term after the beginning of a year from their appointments or admission respectively, and at each corresponding annual term as near as may be, until their final settlement: and in such settlements guardians, having the care and education of the minors, shall make a statement on oath of the application of all moneys directed by the court to be applied by them to the education of their wards. Guardians and curators neglecting or refusing to make such settlements or statements on oath herein required, shall be liable to be attached and imprisoned until they make such settlements and statements, the court first making a rule on them respectively, to show cause why they should not be so proceeded against. Ortiz vs. Salazar, vol. 1, page 355. N. M. Rep. ORPHANS AND POOR CHILDREN, APPRENTICESHIP. Investments. Id. § 6. Settlements: when and how. Neglect: penalty for. Id. § 7. Justices, duty of. Orphans: probate court to provide for. § 1472. It shall be the duty of the justices of the peace of each precinct of the different counties, at the regular terms of the probate courts, to make returns to the probate judges of all the orphan children, poor and other children in his precinct, the parents of which cannot maintain them; and it shall be the duty of the judge of probate, when said lists are presented, to investigate for proof; and if he shall find it to be true that said children are poor orphans, or that their parents are not maintaining them, to bind out such children as apprentices to such person as the probate court may approve, until they reach the age of twenty-one years, if males, or until 1: Jan. 31. 1860. Tr. they reach the age of eighteen years, if females. $1473. Any person to whom a child shall be bound as apprentice, shall be required by the judge of probate, to give a bond in the sum of not more than five hundred dollars, payable to the county, conditioned to provide the apprentice with sufficient clothing and food, and bed, and also to treat him with humanity, and to teach him some occupation or office by which the said apprentice can maintain himself; and also to teach him to read and write, and arithmetic; and, at the expiration of said apprenticeship, he shall give him two good and durable suits of clothing. $1474. The judge of probate shall have the power, on the complaint of an apprentice, or any of his friends, to revoke the articles of apprenticeship, and bind out the apprentice anew, if it shall appear to him to be necessary, after he shall have heard the evidence, that it is to the interest of the apprentice; but the person so holding the apprentice, shall be summoned C. L. 1865. chap. 82, vision for: bond required. Apprentices, pro Id. § 2. Apprenticeship: revocation. |