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bond to be

filed.

1804. (§§ 40, 375.) Every bond given by a guard- Guardian's ian must be filed and preserved in the office of the Clerk of the Probate Court of the county; and in case of a breach of a condition thereof, may be prosecuted for the use and benefit of the ward or of any person interested in the estate.

of actions

on

guardian's

1805. (§§ 41, 376.) No action can be maintained Limitation against the sureties on any bond given by a guardian, unless it be commenced within three years from the bond. discharge or removal of the guardian; but if at the time of such discharge the person entitled to bring such action is under any legal disability to sue, the action may be commenced at any time within three years after such disability is removed.

of actions

for the

recovery of

property

sold.

1806. (§§ 37, 369.) No action for the recovery of Limitation any estate, sold by 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 ter mination of the guardianship, or when a legal disabil ity 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.

1807. (§§ 48, 383.) 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.

1808. (§§ 16, 385.) The power conferred upon the Probate Judge in relation to guardians and wards may be exercised by him at chambers, or as the act of the Probate Court, when holding such Court; and 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

More

than one

guardian

of a person

may be

appointed.

Power of
Judge in

Probate

chambers.

Provisions of Sec. 1057 apply to guardians.

relate to the practice in the Probate or the District Courts, apply to proceedings under this Chapter.

1809. The provisions of Section 1057 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.

The sections in parentheses, thus (22 39, 374), and so on, refer to the Act of 1850, and Belknap.

Who may

become sole

tradors.

Notice, how given and what to contain.

TITLE XII.

OF SOLE TRADERS.

SECTION 1811. Who may become sole traders.
1812. Notice, how given and what to contain.

1813. Petition, what to contain and when filed.

1814. May have five hundred dollars of community or husband's property.

1815. Who may oppose it, and how.

1816. Trial or hearing.

1817. Decree, what it must be.

1818. Oath, copy of order to be recorded.

1819. Rights and liabilities of sole traders.

1820. Sole trader must maintain her children.

1821. Husband of sole trader not liable for debts.

1811. A married woman may become a sole trader by the judgment of the County Court of the county in which she has resided for six months next preceding the application.

1812. 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, for four successive weeks. The notice must specify the term, and 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.

1813. 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.

1814. 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.

1815. 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.

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hearing.

1816. On the day named in the notice, or on such Trial or other day to which the hearing may be postponed by

Decree, what it

must be.

Oath, copy

of order to

the Court, the applicant must make proof of publica tion of the notice herein before 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.

1817. 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.

1818. The sole trader must make and file with the be recorded Clerk of the Court an affidavit, in the following form:

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"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 creditors 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.

1819. When the judgment is made and entered, and a copy thereof, with the affidavit provided for in Section 1818, 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 debt

ors and creditors, and may sue and be sued alone, without being joined with her husband.

1820. A married woman who is adjudged a sole trader is responsible and liable for the maintenance of her minor children.

1821. 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.

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TITLE XIII.

OF PROCEEDINGS IN INSOLVENCY.

SECTION 1822. Statutes in relation to, continued in force.

1822. Nothing in this Code affects any of the provisions of "An Act for the relief of insolvent debtors and protection of creditors," approved May fourth, eighteen hundred and fifty-two, or of the Acts amendatory thereof, approved respectively March twelfth, eighteen hundred and fifty-eight, April twenty-seventh, eighteen hundred and sixty, and April twenty-seventh, eighteen hundred and sixty-three, but such Acts are recognized as continuing in force notwithstanding the provisions of this Code.

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