a guardian can be maintained by the ward, or by any person claiming under him, unless it is commenced within three years next after the termination of the guardianship, or, when a legal disability to sue exists by reason of minority or otherwise, at the time when the cause of action accrues, within three years next after the removal thereof. En. March 11, 1872. Cal. Rep.Cit. 66, 111; 70, 373; 93, 107. § 1807. More than one guardian of a person may be appointed. The court, in its discretion, whenever necessary, may appoint more than one guardian of any person subject to guardianship, who must give bond and be governed and liable in all respects as a sole guardian. En. March 11, 1872. § 1808. Order appointing guardian, how entered. Any order appointing a guardian, must be entered as and become a decree of the court. The provisions of this title relative to the estates of decedents, so far as they relate to the practice in the superior court, apply to proceedings under this chapter. En. March 11, 1872. Am'd. 1880, 72. Cal. Rep.Cit. 83, 355; 109, 254. Chambers, power at: Ante, secs. 166, 176. § 1809. Provisions of section ten hundred and fifty-seven apply to guardians. The provisions of section ten hundred and fifty-seven are hereby declared to apply to guardians appointed by the court, and to the bonds taken or to be taken from such guardians, and to the sureties on such bonds. En. March 11, 1872. § 1810. Guardian decreed to make conveyance for incompetent. When a person who is bound by a contract in writing to convey any real estate shall afterwards and before making the conveyance become and be adjudged to be an incompetent person, the court may make a decree authorizing and directing his guardian to convey such real estate to the person entitled thereto. Such decree may be made under the provisions of sections fifteen hundred and ninety-seven to sixteen hundred and seven, both inclusive, of this code, all of which provisions are hereby incorporated in this section; the word incompetent being substituted for the word deceased or decedent and the word guardian being substituted for the words administrator or executor, respectively, wherever said words occur. En. Stats. 1903, 166. TITLE XII. OF SOLE TRADERS. 1811. Who may become sole traders. § 1812. 1813. § 1814. § 1815. 1816. § 1817. § 1818. 1819. 1820. § 1821. Notice, how given and what to contain. Petition, what to contain when filled. May have five hundred dollars of community or husband's property. Who may oppose it, and how. Trial or hearing. Decree, what it must be. Oath, copy of order to be recorded. Rights and liabilities of sole traders. § 1811. Who may become sole traders. A married woman may become a sole trader by the judgment of the superior court of the county in which she has resided for six months next preceding the application. En. March 11, 1872. Am'd. 1881, 10. § 1812. Notice, how given and what to contain. A person intending to make application to become a sole trader must publish notice of such intention in a newspaper published in the county, or, if none, then in a newspaper published in an adjoining county, once a week for four successive weeks. The notice must specify the day upon which application will be made, the nature and place of the business proposed to be conducted by her, and the name of her husband. En. March 11, 1872. Am'd. 1881, 10. § 1813. Petition, what to contain when filed. Ten days prior to the day named in the notice, the applicant must file a verified petition setting forth: 1. That the application is made in good faith, to enable the applicant to support herself, or herself and others dependent upon her, giving their names and relation; 2. The fact of insufficient support from her husband, and the causes thereof, if known; 3. Any other grounds of application which are good causes for a divorce, with the reason why a divorce is not sought; and 4. The nature of the business proposed to be conducted, and the capital to be invested therein, if any, and the sources from which it is derived. En. March 11, 1872. 1814. May have five hundred dollars of community or husband's property. The applicant may invest in the business proposed to be conducted, a sum derived from the community property or of the separate property of the husband, not exceeding five hundred dollars. En. March 11, 1872. Cal. Rep. Cit. 63, 428. § 1815. Who may oppose it, and how. Any creditor of the husband may oppose the application, by filing in the court (prior to the day named in the notice) a written opposition verified, containing either: 1. A specific denial of the truth of any material allegation of the petition; or setting forth, 2. That the application is made for the purpose of defrauding the opponent; or 3. That the application is made to prevent, or will prevent him from collecting his debt. En. March 11, 1872. § 1816. Trial or hearing. On the day named in the notice, or on such other day to which the hearing may be postponed by the court, the applicant must make proof of publication of the notice hereinbefore required, and the issues of fact joined, if any, must be tried as in other cases; if no issues are joined, the court must hear the proofs of the applicant and find the facts in accordance therewith. En. March 11, 1872. 1817. Decree, what it must be. If the facts found sustain the petition, the court must render judgment authorizing the applicant to carry on in her own name and on her own account the business specified in the notice and petition. En. March 11, 1872. . 1818. Oath, copy of order to be recorded. The sole trader must make and file with the clerk of the court an affidavit, in the following form: "I, A. B., do, in presence of Almighty God, solemnly swear that this application was made in good faith, for the purpose of enabling me to support myself (and any dependent, such as husband, parent, sister, child, or the like, naming them, if any), and not with any view to defraud, delay, or hinder any creditor or credtors of my husband; and that of the moneys so to be used by me in business, not more than five hundred dollars have come either directly or indirectly from my husband. So help me God." A certified copy of the decree, with this oath indorsed thereon, must be recorded in the office of the recorder of the county where the business is to be carried on, in a book to be kept for such purpose. En. March 11, 1872. § 1819. Rights and liabilities of sole traders. When the judgment is made and entered, and a copy thereof, with the affidavit provided for in section one thousand eight hundred and eighteen, duly recorded, the person therein named is entitled to carry on the business specified, in her own name, and the property, revenues, moneys, and credits so by her invested, and the profits thereof, belong exclusively to her, and are not liable for any debts of her husband, and she, thereafter, has all the privileges of, and is liable to all legal processes provided for debtors and creditors, and may sue and be sued alone without being joined with her husband; provided, however, that she shall not be at liberty to carry on said business in any other county than that named in the notice provided for in section one thousand eight hundred and twelve, until she has recorded in such other county a copy of said judgment and affidavit. En. March 11, 1872. Am'd. 1875-6, 105. Sue and be sued alone: Ante, sec. 370. Husband and wife parties to actions: Ante, secs. 370, 371. § 1820. Sole trader must maintain her children. A married woman who is adjudged a sole trader is responsible and liable for the maintenance of her minor children. En. March 11, 1872. 1821. Husband of sole trader not liable for debts. The husband of a sole trader is not liable for any debts contracted by her in the course of her sole trader's business, unless contracted upon his written consent. En. March, 11, 1872. TITLE XIII. OF PROCEEDINGS IN INSOLVENCY. 1822. Statutes in relation to, continued in force. § 1822. Statutes in relation to, continued in force. Nothing in this code affects any of the provisions of "an act for the relief of insolvent debtors and protection of creditors," approved May 4, 1852, or of the acts amendatory thereof, approved respectively March 12, 1858, April 27, 1860, and April 27, 1863; but such acts are recognized as continuing in force notwithstanding the provisions of this code. En. March 11, 1872. |
