Guardian.

GUARDIAN AND WARD.

§ 236. A guardian is a person appointed to take care of the person or property of another.

Ward.

§ 237. The person over whom or over whose property a guardian is appointed, is called his ward.

§ 239. A general guardian is a guardian of the person or of all the property of the ward within this state, or of both.

Special guardian, what.

§ 240. Every other is a special guardian.

Guardian appointment by will, etc.

§ 241. A guardian of the person or estate, or of both, of a child born, or likely to be born, may be appointed by will or by deed, to take effect upon the death of the parent appointing:

1. If the child be legitimate, by the father, with the written consent of the mother; or by either parent, if the other be dead or incapable of consent. 2. If the child be illegitimate, by the mother. [Amended March 30, 1874.] § 242. Repealed.

§ 243.

§ 244.

Repealed.

Repealed.

§ 245. Repealed.

Rules for awarding the custody of minors.

§ 246. In awarding the custody of a minor, or in appointing a general guardian, the court or officer is to be guided by the following considerations: 1. By what appears to be for the best interest of the child in respect to its temporal and its mental and moral welfare; and if the child is of a sufficient age to form an intelligent preference, the court may consider that preference in determining the question;

2. As between parents adversely claiming the custody or guardianship, neither parent is entitled to it as of right; but other things being equal, if the child is of tender years, it should be given to the mother; if it is of an age to require education and preparation for labor and business, then to the father;

3. Of two persons equally entitled to the custody in other respects, preference is to be given as follows:

(1) To a parent;

(2) To one who was indicated by the wishes of a deceased parent; (3) To one who already stands in the position of a trustees of a fund to be applied to the child's support;

(4) To a relative.

4. Any parent who [1] knowingly or wilfully abandons, or [2] having the ability so to do, [3] fails to maintain his minor child under the age of fourteen years, forfeits the guardianship of such child; and any parent or guardian who [1] knowingly permits his child or ward to remain for the space of one year in any orphan asylum of this state, wherein such child is supported by charity, and who, [2] during such period, fails to give notice in writing to the managers or officers of such asylum that he is such parent or guardian, abandons and forever forfeits all right to the guardianship, care, custody, and control of such child. The officers and managers of any orphan asylum having any such abandoned child in its care have the preferred right to the guardianship of such child. [Amended March 30, 1874.]

§ 247. Repealed. § 248. Repealed. § 249. Repealed.

Relation confidential.

§ 250. The relation of guardian and ward is confidential, and is subject to the provisions of the title on Trust.

Guardian under direction of court.

§ 251. In the management and disposition of the person or property committed to him, a guardian may be regulated and controlled by the court. Death of a joint guardian.

§ 252. On the death of one of two or more joint guardians, the power continues to the survivor until a further appointment is made by the court. Removal of guardian.

$253. A guardian may be removed by the superior court for any of the following causes:

1. For abuse of his trust;

2. For continued failure to perform its [his] duties;

3. For incapacity to perform its [his] duties;

4. For gross immorality;

5. For having an interest adverse to the faithful performance of his duties;

6. For removal from the state;

7. In the case of a guardian of the property, for insolvency; or,

8. When it is no longer proper that the ward should be under guardianship. [Amended April 6, 1880.]

Guardian appointed by parent, how superseded.

$ 254. The power of a guardian appointed by a parent is superseded: 1. By his removal, as provided by section 253;

2. By the solemnized marriage of the ward; or,

3. By the ward's attaining majority.

Suspension of power of guardian.

$ 255. The power of a guardian appointed by a court is suspended only: 1. By order of the court; or,

2. If the appointment was made solely because of the ward's minority, by his attaining majority; or,

3. The guardianship over the person of the ward, by the marriage of the ward. [Amended March 30, 1874.]

Release by ward.

§ 256.

After a ward has come to his majority, he may settle accounts with his guardian, and give him a release, which is valid if obtained fairly and without undue influence.

Guardian's discharge.

§ 257. A guardian appointed by a court is not entitled to his discharge until one year after the ward's majority.

§ 258. Repealed.

MASTER AND APPRENTICE.

Minors may be bound as apprentices.

§ 264. Every minor of the age of fourteen years or upwards may be bound by indenture as an apprentice to any mechanical trade or art or the occupation of farming to the age of eighteen, if a female, or to the age of twenty-one years, if a male. [Amended March 21, 1905.]

Persons who may bind minor.

§ 265. A minor, with his consent, may be bound by [1] his father, or, in case of his [a] death or [b] incompetency, or where he has [c] wilfully abandoned his family for one year without making suitable provision for their support, or [d] is habitually intemperate in the use of intoxicants, or [e] is a vagrant, then by [2] his mother or [3] legal guardian. An [4] executor who, by the will of the father, is directed to bring up a child to a trade or calling, has power to bind by indenture in like manner as the father might have done, if living. If a child is illegitimate, the mother alone has power to bind him. If a minor has no parent or guardian competent to act for him, he may bind himself, with the approval of the superior court of the county wherein he resides. If the mother of a minor, whether legitimate or illegitimate, marries after his birth, she can not bind him without the approval of such superior court. [Amended March 21, 1905.]

Indenture of apprenticeship.

§ 266. Every indenture of apprenticeship [1] must be executed in duplicate, [2] must state the age of the minor, and, except as hereinafter provided, [3] must show that he consented thereto, [4] must be signed by him and the person binding and the master, and when made with the approval

of the superior court, [5] a certified copy of the order of approval must be attached to the indenture. One copy of the indenture [6] must be delivered to the master and [7] the other kept for the use of the minor by his parent or guardian when executed by him, or, when made with the approval of the court, [8] it must be filed and deposited with the clerk for safekeeping for the use of the minor. No indenture binds the minor after the death of the master, but thereafter the minor may be bound anew. Every indenture entered into otherwise than as herein provided is, as against the apprentice, absolutely void. [Amended March 21, 1905.] Jury trial as to facts of incapacity, etc., of parent.

§ 267. Facts of incapacity, desertion, habitual intemperance, and vagrancy must be decided in said court by a jury, before the indenture can take effect, and an indorsement on the indenture, under seal of the court, that the charge or charges are proved, is sufficient evidence of the mother's power to give such consent; but if the jury does not find the charge or charges to be true, the person at whose instance such proceedings may have been had must pay all costs attending the same. [Amended March 21, 1905.]

Apprenticing of poor and homeless minor.

§ 268. When a minor is poor, homeless, chargeable to the county or state, or an outcast, who has no visible means of obtaining an honest livelihood, the superior court may, with his consent, bind him as an apprentice during his minority. Proceedings therefor may be instituted by any citizen, and no fee must be charged by any officer for any act in connection therewith. In all indentures by the court for binding out an orphan or homeless minor as an apprentice there must be inserted among other things, [1] a clause to the following effect: that the master to whom such minor is bound must cause him to be taught to read and write and the ground rules of arithmetic, ratio and proportion, and must give him the requisite instruction in the different branches of his trade or calling, and, [2] at the expiration of his term of service, must give him or her fifty dollars in gold, and [3] two whole new suits of clothes, to be worth in the aggregate at least sixty dollars gold. [Amended March 21, 1905.]

Master to keep apprentice within the state.

§ 269. A master must not remove his apprentice out of the state, and must pay and deliver to him the money, clothes, and other property to which he is entitled under the indenture of apprenticeship, to be held by him as his sole property. [Amended March 21, 1905.]

Inquiry into treatment of minor apprentices.

$270. Parents and guardians and such court must, from time to time, inquire into the treatment of children bound by them respectively, or with their approval, and the judges of such courts are responsible for the charge of apprentices bound by a court or with its approval, and must defend them from all cruelty, neglect, breach of contract, or misconduct on the part of their masters. [Amended March 21, 1905.]

Hearing of complaints of apprentices.

§ 271. The superior court must hear the complaints of apprentices who reside within the county against their masters, alleging [1] undeserved or immoderate correction, [2] insufficient allowance of food, raiment, or lodging, [3] want of instruction in the different branches of their trade or calling, or [4] that they are in danger of being removed out of the state, or [5] any violation of the indenture of apprenticeship, and the court must hear and determine such case and make such order therein as will remove the party in the future. [Amended March 21, 1905.]

Power of court to discharge apprentice.

§ 272. The superior court has power, where circumstances require it, [1] to discharge an apprentice from his apprenticeship, and, in case any money or other thing has been paid or contracted to be paid by either party in relation to the apprenticeship, the court_must_ [2] make such order concerning the same as seems just and reasonable. If the apprentice so discharged was originally bound by the superior court, it must, if found necessary, again bind such minor, if under age. [Amended March 21, 1905.] Liability of master for breach of covenant.

§ 273. Every master is liable to an action on the indenture for a breach of any covenant thereof on his part. All damages recovered in such action, after deducting necessary charges in its prosecution, belong to the minor, and must be applied and appropriated to his use by the person recovering it in his behalf, and must be paid to the minor, if a male, at the age of twenty-one years, and if a female, at the age of eighteen years. If no action is brought during the minority of the apprentice, it may be commenced by him in his own name at any time within two years after his coming of age. [Amended March 21, 1905.]

Liability of apprentice guilty of gross misbehavior.

§ 274. An apprentice who is guilty of any gross misbehavior, or refusal to do his duty, or wilful neglect thereof, is liable to the complaint of his master in the superior court of the county wherein the apprentice resides. Such complaint must set forth the circumstances of the case, and have attached thereto a citation, signed by the clerk of the court, requiring him and all persons who have covenanted in his behalf to appear and answer the. complaint within ten days after the service thereof. The complaint and citation must be served in the manner required for serving civil process. When the parties have answered, or when, though they have not answered, the time therefor allowed after the service of the complaint has expired, the court must proceed to hear and determine the cause, and, if the evidence warrants it, may render judgment that the master be discharged from the contract of apprenticeship and for costs of suit. Such costs may be recovered from the parent or guardian of the minor, if there is any who signed the indenture, and execution therefor may issue accordingly. If there is no parent or guardian liable for such cost, execution may be issued therefor against the minor, or the amount thereof may be recovered in an