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bate, after deducting the amount of the claims allowed by the commissioners from the amount of the personal estate of the testator or intestate, remaining in the hands of such executor or administrator, to be applied to the payment of the debts of the testator or intestate: Provided, That the Proviso. pendency of any commission as aforesaid shall be no bar to any action against the executor or administrator aforesaid, after the expiration of two years from the time letters testamentary or of administration were granted.

An act respecting Guardians.

1798,

1808, '22.

probate to

of minors.

bonds.

SECTION 1. Be it enacted by the General Assembly, and Court of by the authority thereof it is enacted, That the courts of pro- appoint bate, in their respective towns, be and they are hereby guardians empowered, as often as occasion may require, to approve of guardians chosen by minors of fourteen years of age and upward, and to appoint guardians of minors under that age, taking bonds with sufficient sureties from all such Guardians guardians, conditioned for the faithful discharge of their to give trust, and to account with the court of probate, or minor when he shall arrive to the age of twenty-one years, and at such other times as the court of probate shall direct; and when a minor above the age of fourteen years shall be without this State, or be cited by the court of probate to choose a guardian, and shall neglect so to do, or if the guardian chosen by such minor shall refuse the trust, or shall not offer sufficient security within a reasonable time, in every such case, the court of probate shall have the same power to appoint a guardian as if such minor was And to reunder the age of fourteen years: and in all cases the guar- in the dian by them appointed shall be a citizen of and resident State. within this State.

side with

guardians

&c.

SEC. 2. And be it further enacted, That the courts of pro- May apbate, in their respective towns, shall have power to appoint point guardians of idiots, and also of all persons who are non of idiots, compos or lunatic, or who, for want of discretion in managing their estates, are likely to bring themselves and families to want, and thereby render themselves and families chargeable to such town; and every person so appointed guardian shall, before he proceeds to act as such, give bond with sufficient sureties to the court of probate, conditioned for the due and faithful discharge of his trust according to law, and for rendering a just and true account

Such guar

dian to

give bond.

Court may

remove

guardians,

&c.

Notice to be given to all par

ties.

of his doings therein to said court of probate whenever he
shall be by said court thereunto required: and the said
court may discharge such guardians, and also the guard-
ians of minors by such court appointed, and may appoint
others in their stead, whenever they shall deem it expe-
dient so to do; and may require additional bonds from
said guardians, whenever they shall think proper, and in
case of refusal or neglect to give the same, may remove
such guardians from their trust: and said court may also,
upon the request of a minor over fourteen years of
of age,
if
they shall think proper, remove the guardian by him or
her chosen, and approve of some other person chosen as
aforesaid.

SEC. 3. And be it further enacted, That no guardian shall be appointed or removed under this act, unless all known parties interested shall have had reasonable notice in writing, signed by the clerk, and served by the town-sergeant or constable, that he, she or they may appear, to object to the same; and after notice as aforesaid to any intended ward of full age, all contracts, bargains and conveyances by him or her made, between the time of such notween, &c. tice and the trial before the court of probate, shall be null and void: and upon application, which shall be in writing, post up no- for the appointment of a guardian as aforesaid, the clerk of probate shall post up a copy thereof, with the order of notice thereon, in some conspicuous place in his office, that all purchasers may have due notice thereof.

Contracts void be

Clerk to

tice.

Guar

ty.

May sue and be sued.

SEC. 4. And be it further enacted, That it shall be the duty of dian's du- all guardians approved of or appointed by a court of probate, to take suitable care of the persons of whom they shall be respectively appointed guardians, and to improve their respective estates frugally and without waste, and to apply the income and profits thereof to the support and maintenance of the respective persons to whom they shall belong, and his or her household or family, (if any such there be,) and are hereby empowered to settle accounts, and to receive, and if necessary to sue for and recover, all debts due the persons of whom they shall respectively be guardians, and shall be liable to pay all just debts which such persons Shall pay owed, out of their personal estates, in an equal pro rata equal pro- proportion; but if the personal estate shall be insufficient to pay the debts as aforesaid, the said guardian shall make Sell real sale of the whole or part of the real estate of their respective wards for that purpose, being first empowered therefor by the supreme judicial court, in the same manner ex

debts in

portions.

estate in case.

ecutors and administrators are empowered to make sale of the real estate of deceased persons, which power the supreme judicial court are hereby authorized to grant; and in case the personal estates and the income of the real estates of any persons who shall be under guardianship as aforesaid, shall not be sufficient to support them, the supreme judicial court may authorize the guardians to make sale of so much of the real estate of such persons as may be necessary therefor: Provided however, That Provided before any sale as aforesaid, the guardians aforesaid shall that he give bond with sufficient sureties to the court of probate, conditioned, that he or she will apply the proceeds of said sale according to law.

give bond.

tice of his

tory of

Guardian

SEC. 5. And be it further enacted, That upon the appoint- Guardian ment of any guardian as aforesaid, he shall give imme- to give nodiate notice thereof by advertisement, six successive appointweeks, in some newspaper printed in this State, and shall ment. also at the same time notify the creditors of his ward to exhibit their claims within six months from the date of said notice and it shall be the duty of such guardian, And file within three months after his appointment, to exhibit un- an invender oath to the court of probate, an inventory of all the property. real and personal estate of his ward; and he shall also before making payment to any one, exhibit to said court, And list of a list of all the claims presented against his ward, noting claims. thereon such as are allowed 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, to collect and sell and appropriate the same (or so much thereof personal 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 taxes, which shall be paid in full: and when it And apply shall appear that the personal estate is insufficient for the real estate purposes aforesaid, he shall apply to the supreme judicial court as above prescribed, and sell so much of the real estate as may be necessary to make up the deficiency with incidental expences: and if any guardian as Penalty aforesaid shall neglect to apply the real and personal es- for negtate of his ward as aforesaid, to the payment of his debts lect. as aforesaid, it shall be deemed a forfeiture of his bond given as aforesaid, and he shall be liable to 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

property.

to debts.

for costs.

Security such bond for the benefit of any creditor, unless such creditor shall give security for costs by endorsing the writ, if a freeholder, or procuring some sufficient freeholder to endorse the same, who shall be liable in case the defendant recovers, and the court shall issue execution as in other cases.

Creditors

to exhibit,

red.

SEC. 6. And be it further enacted, That each creditor neglecting who neglects to exhibit his claim to the guardian within to be bar- the term of six months as aforesaid, shall be for ever barred of all claim therefor against the guardian, unless there shall be surplus property in his hands, after paying all debts and expences and allowances made by the Limitation court of probate as herein provided: and no action shall of action be sustained against any guardian as aforesaid, within vs. guar- twelve months after his appointment and notice thereof

dian.

as aforesaid, 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 (if the estate should prove insolvent) upon such sums as he may recover in such suit; May enter and such guardian is hereby authorized to submit any disputed claim to referees, whose decision shall be final Claims not between the parties: and all legal demands against the due may ward, although the same may not be then due, may be filed and shall be entitled to a dividend (allowing the interest for the anticipated payment) in the same manner with other demands actually due.

into rule.

be filed.

Court to make rea

SEC. 7. And be it further enacted, That the court of sonable al probate be and they are hereby authorized, in the final lowances settlement of the accounts of any guardian by them apto guar- pointed, to make all reasonable allowances for such

dian.

May ap

guardians

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. 8. And be it further enacted, That the court of propoint bate may appoint guardians of the children of all persons to the chil- who are idiots, non compos or lunatic, or who have been idiots, &c. adjudged incapable of managing their estates, in the same manner as if their parents were dead.

dren of

Who shall

attend to their education.

SEC. 9. And be it further enacted, That it shall be the duty of the guardians of minors to take special care 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 care 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.

appointed

SEC. 10. And be it further enacted, That every person Guardian authorized by law to make a will, shall have a right to may be appoint by his will a guardian or guardians for his chil- by will. dren, 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.

by wards

SEC. 11. And be it further enacted, That no person un- Contracts der guardianship as aforesaid shall make any contracts, void, &c. or exercise the right of suffrage, during the existence of such guardianship.

An act to secure to Masters and Mistresses, and to Apprentices 1798. and Minor Şervants, bounden by deed, their mutual privileges.

may be

SECTION 1. Be it enacted by the General Assembly, and by Minors the authority thereof it is enacted, That minors within the bound out. age of twenty-one years may be bounden by deed as servants and apprentices by their father, and in case of his decease, by their mother, when sole, or having no such parent, and being within the age of fourteen years, by their guardian, legally appointed; and if fourteen years of age, and having no such parent, may, of his or her voluntary accord, with the approbation of his or her 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 or herself by deed as an apprentice or servant; females to the age of eigh- For what teen years, or to the time of their marriage, within that age, and males to the age of twenty-one years; provided, that in every case there shall be two deeds of the same form and tenor, executed by both parties, one to be kept by each: Provided also, That all considerations which Proviso. shall be allowed by the master or mistress, in any contract of service or apprenticeship, shall be secured to the sole

term.

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