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binding shall be as valid and effectual as if such infant was of full age, at the time of making such engagement.

(3339.) SEC. 2. Such consent shall be given:

1. By the father of the infant. If he be dead, or be not in a legal capacity to give his consent, or if he shall have abandoned and neglected to provide for his family, and such fact be certified by a Justice of the Peace of the township, and endorsed on the indenture; then:

2. By the mother. If the mother be dead, or be not in a legal capacity to give such consent, or refuse; then:

3. By the guardian of such infant, duly appointed. If such infant have no parent living, or none in a legal capacity to give consent, and there be no guardian; then:

4. By the Directors of the Poor, or any two Justices of the Peace of the township where such infant shall reside.

Consent by whom to be given.

be signified.

Cowen, 170.

(3340.) SEC. 3. Such consent shall be signified by the How consent to person or officers entitled to give the same, by writing at the 5 end of, or endorsed upon each part of the indentures, signed by such person or officers, and not otherwise.

10 J. R.,

99.

(3341.) SEC. 4. No minor shall be bound as aforesaid, unless Indentures. by indentures in two parts, sealed and delivered by both parties.

Superintendent's

bind Minors.

(3342.) SEc. 5. The County Superintendents of the Poor, When County in the several counties, may bind out any child, under the of the Poor may ages above specified, who shall be sent to any County Poor House, or who is or shall become chargeable, or whose parent or parents shall become chargeable to such county, to be clerks, apprentices, or servants, until such child, if a male, shall be 18 J. R., 270. twenty-one years old, and if a female, shall be eighteen years old, or until her marriage within that age; which binding shall be as effectual as if such child had bound himself or herself with the consent of his or her father.

of Poor may

(3343.) SEC. 6. The Directors of the Poor of any township when Directors or city may also bind out any such child, who, or whose bind. parent or parents shall become chargeable to the county, and who shall be supported in their township, with the consent in writing of one of the County Superintendents of the Poor. (3344.) SEC. 7. The age of every infant, bound pursuant to Age of Minor to the provisions of this chapter, shall be inserted in the inden- be inserted in in tures, and shall be taken to be the true age without further proof thereof, and whenever any public officers are authorized to execute any indentures, or their consent is required to the

dentures.

Removals and re-
signations of
Guardians.
1 Kernan, 324.

Marriage of female ward termi

ship;

certain cases.

(3325.) SEC. 27. When any guardian, appointed either by a testator or the Judge of Probate, shall become insane, or otherwise incapable of discharging his trust, or evidently unsuitable therefor, the Judge of Probate, after notice to such guardian, and all others interested, may remove him; and every guardian may, upon his request, be allowed to resign his trust, when it shall appear to the Judge of Probate proper to allow the same; and upon every such resignation or removál, and upon the death of any guardian, the Judge of Probate may appoint another in his place.

(3326.) SEC. 28. The marriage of any female who is under nates Guardian-guardianship as a minor, shall terminate such guardianship; of Guardian in and the guardian of any insane person, spendthrift, or othe person, may be discharged by the Judge of Probate, when it shall appear to him, on the application of the ward or otherwise, that such guardianship is no longer necessary.

When new Bond to be given, etc.

in suit.

(3327.) SEC. 29. The Judge of Probate may require a new bond to be given by any guardian whenever he shall deem it necessary, and may discharge the existing sureties from future responsibility, after due notice given as such Court may direct, when it shall satisfactorily appear that no injury can result therefrom to those interested in the estate.

Bond may be put (3328.) SEC. 30. Any bond given by a guardian may be put in suit by order of the Judge of Probate, for the use and benefit of the ward, or of any person interested in the estate'; and the proceedings in such suit shall be conducted in like manner as is provided with respect to suits on the bonds of executors or Administrators.

Within what time action to be

sureties.

(3329.) SEC. 31. No action shall be maintained against the brought against sureties in any bond given by a guardian, unless it be commenced within four years from the time when the guardian shall have been discharged: Provided, That if at the time of such discharge, the person entitled to bring such action shall be out of the State, or under any legal disability to sue, the action may be commenced at any time within four years after the return of such person to the State, or after such disability shall be removed.

Proceedings in case of embezzleinent, etc.

(3330.) SEC. 32. Upon complaint made to the Judge of Probate by any guardian, or by the ward, or by any creditor or other person interested in the estate, or by any person having any prospective interest therein, as heir or otherwise, against any one suspected of having concealed, embezzled or conveyed away any of the money, goods or effects, or any

instrument in writing, belonging to the ward, the Judge may cite and examine such suspected person, and proceed with him as to such charge, in the same manner as is provided with respect to persons suspected of concealing or embezzling the effects of a deceased testator or intestate.

nors, etc., resid

State.

(3331.) SEC. 33. When any minor or other person liable to Guardian for mibe put ander guardianship, according to the provisions of this ing without the chapter, shall reside without this State, and shall have any estate therein, any friend of such person, or any one interested in his estate, in expectancy or otherwise, may apply to the Judge of Probate of any county in which there may be any estate of such absent person; and after notice given to all persons interested, in such manner as the Judge shall order, and after a full hearing and examination, if it shall appear to him proper, he may appoint a guardian for such absent

person.

ties of such Guar

(3332.) SEC. 34. Every guardian appointed according to the Powers and duprovisions of the preceding section, shall have the same pow-dians. ers, and perform the same duties with respect to any estate of the ward that shall be found within this State, and also with respect to the person of the ward, if he shall come to reside therein, as are prescribed with respect to any other guardian appointed by force of this chapter.

Guardian.

(3333.) SEC. 35. Every such guardian shall give bond to the Bond of such Judge of Probate, in like manner, and with the like condition, as is hereinbefore provided with respect to other guardians, excepting that the provisions respecting the inventory, the disposal of the estate and effects, and the account to be ren dered by the guardian, shall be confined to such estate and effects as shall come to his hands in this State.

dianship of a b

(3334.) SEC. 36. The guardianship which shall be first Extent of Guar lawfully granted, of any person residing without the State, sent minors, etc. shall extend to all the estate of the ward within the same, and shall exclude the jurisdiction of the Probate Court in every

other county.

Guardians.

(3335.) SEC. 37. Every guardian shall be allowed the Compensation of amount of his reasonable expenses incurred in the execution of his trust, and he shall also have such compensation for his services, as the Court in which his accounts are settled, shall deem to be just and reasonable.

Guardians.

(3336.) SEC. 38. When an account is rendered by two or Account of joini more joint guardians, the Judge of Probate may, in his discretion, allow the same upon the oath of any one of them.

Word "spendthrift" defined.

(3337.) SEC. 39. The word "spendthrift," in all the provisions relating to guardians and wards, contained in this or any other statute, is intended to include every person who is liable to be put under guardianship, on account of excessive drinking, gaming, idleness, or debauchery.

CHAPTER CXI.

OF MASTERS, APPRENTICES AND SERVANTS.

SECTION

3338. Infants may bind themselves as Appren-
tices, etc.; for what terms.

3339. Consent, by whom to be given.
3340. How consent to be signified.
$341. Indentures.

3342. When County Superintendents of the Poor

may bind minors.

3343. When Directors of Poor may bind.
3344. Age of minors to be inserted in indentures.
3345. Counterpart, where to be deposited; Pro-
visions to be inserted.

3346. Moneys, etc., paid by Master, to be for use
of minor.

3347. Who to inquire into treatment of children,
and to defend them.

3348. Complaint against Master for misconduct.
3349. When Court may discharge minors, and
award costs against Masters.

3350. When costs to be awarded against com-
plainant.

3351. Masters, when liable to action.

SECTION

3352. Damages recovered, how disposed of. 3353. Within what time action to be com

menced.

3354. If judgment be rendered for plaintiff,
minor may be discharged.

3355. Proceedings if Apprentice or Servant
leaves the service of his Master.
3356. Justice may order offender to be returned,
or commit him.

3357. Effect of warrant.
3258. Who to pay costs.

3359. Complaint against Apprentice for misbe-
havior, and proceedings thereon.
3360. When Court may discharge Master from
obligation, etc.

2361. Minor discharged by death of Master.
3362. Preceding provisions apply to Mistresses

as well as Masters.

3363. Common Law right not affected.
3364. Mother of illegitimate child may consent
to binding.

Infants may bind themselves as

for what terms.

Chapter Eighty-Seven of Revised Statutes of 1846.

(3338.) SECTION 1. Every male infant, and every unmarried Apprentices,etc.; female under the age of eighteen years, with the consent of the persons or officers hereinafter mentioned, may, of his or her own free will, bind himself or herself in writing, to serve as clerk, apprentice or servant, in any profession, trade or employment, if a male, until the age of twenty-one years, and if a female, until the age of eighteen years, or until her marriage within that age, or for any shorter time; and such

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