arithmetic, or in lieu thereof that he will send such child to school three months of each year of the period of indenture.

§ 398. [Sec. 10.] The counterpart of any indentures executed by any county or city, or town officers, shall be by them deposited in the offices, respectively, of the clerk of any such county, city, or town.

§ 399. [Sec. 11.] Any white person capable of becoming a citizen of this state, coming from any other country, or state, or territory, may bind him or herself to service, if a minor, until his or her majority, or for any shorter term. Such contract, if made for the purpose of raising money to pay his or her passage, or for the payment of such passage, may be for the term of one year, although such term may extend beyond the time when such person will be of full age, but it shall in no case be for a longer term.

Recorder.

Alien minors.

ment.

§ 400. [Sec. 12.] No contract made under the last section Acknowledgshall bind the servant, unless duly acknowledged by the person making such contract, before some public magistrate or other officer authorized to administer oaths, and such acknowledgement certifying that the same was made freely on a private examination, be endorsed upon the contract.

§ 401. [Sec. 13.] Nothing in this act shall concern, or in any manner affect or relate to Indians; and every person having one-half or more of Indian blood shall be deemed an Indian within the provisions of this act.

Indians.

annulled.

§ 402. [Sec. 14.] Such indentures of apprenticeship may Indentures be annulled and declared void by any district court, or a judge thereof, or by a county court, or a judge of such court, in the county where the master, or person to whom such apprentice is bound, shall reside, upon satisfactory proof of either of the following named causes :

First-Fraud in the contract of indenture.

First.

Second-When such contract is not made or executed in Second.

accordance with the provisions of this act.

Third-For willful non-fulfillment, by such master, of the Third. provisions of such indenture.

Fourth-Cruelty or maltreatment of such apprentice, by Fourth, the master, without just cause or provocation.

And in such case an account may be taken and adjusted Account

Application for annulling.

by such court or judge for any services rendered by the apprentice for the master under the articles of such indenture; and, in case such indenture shall be annulled, judgment may be given for such sum as may be found equitably due the apprentice, on account of any services so performed by him for such master.

§ 403. [Sec. 15.] For the purpose of annulling such contract of apprenticeship, and recovering for services as aforesaid, application shall be made, either in term-time or vacation, by such apprentice, or on his behalf, but always in his name; which application shall be made by petition, verified by oath, stating the grounds on which such application is made, the amouni claimed, if any, for such services, and praying for the relief demanded. Such petition shall be filed with the clerk of the court, who shall immediately issue a citation thereon, duly certified, stating the grounds of such application as set forth in the petition, and the relief sought thereby. The citation shall also designate the time and place for the hearing of the application, and shall be directed to such master, and shall require him to appear and answer such petition, at the time and place so designated, or in default thereof proof thereon will be heard in his absence, and such judgment as the right of the case will be rendered upon such petition; such citation shall be served at least five days before the day appointed therein for the hearing. as aforesaid, by such person or officer (in the same manner and with the like effect) as are authorized to serve summons in civil cases in courts of record. And on the day appointed for the hearing of the petition, such master may file his answer in writing. verified like the petition, setting forth any just cause why the prayer of the petitioner should not be granted; and upon such pleadings, the court or judge in term-time or vacation, shall hear the proofs of the parties, who shall be styled plaintiff and defendant, as in civil cases in the same manner, and shall determine the case in all respects as chancery cases are tried and decided under the civil practice act, and may annul such indentures, and grant any remedy or relief provided in this act, either with or without costs. But no adjournment or continuance of the case shall be granted, for any cause, for a longer period than ten days for any one time, and the decision of such court or judge shall be final.

flying from ser

§ 404. [Sec. 16.] Any person held to service under the Punishment for provisions of this act, and unlawfully departing and absent-vice. ing himself or herself therefrom, upon the application of the master or mistress of such person, under oath, in writing, to the county judge of the county, that such person has absented himself or herself without permission, the judge may issue a writ reciting the substance of the affidavit, and commanding that such person be brought before him; the writ may be served by any officer authorized to make arrests, and if, upon the person being brought before him, and upon an examination of the matter, he is satisfied that such person is legally held to service, and has absented himself or herself without just cause, he shall order the person held to service to return to the care and custody of the person lawfully entitled to such service or labor. If such person persist in refusing to return, or returning, immediately absent himself or herself without leave, such judge may order such person held to service to be confined in the county jail, station house, or house of refuge, for such time as he may deem proper, not to exceed one month; or, at the instance of the master or mistress, may annul the indentures.

§ 405. [Sec. 17.] Any person who shall aid, or assist, or encourage any person to run away, or harbor or conceal any Accomplices. person held to labor, knowing the same to be absent without leave of the master or mistress, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not exceeding one hundred dollars.

[Act of Murch 27, 1858. Conferring certain powers upon Guardians of Insane Persons. Statutes, 1858, p. 98.]

§ 406. [Sec. 1.] Whenever any insane person shall have any claim for lands derived from Spanish or Mexican authorities, and such claim shall have been rejected by the commissioners to ascertain and settle private land claims in the state of California, the guardian of such insane person, appointed or to be appointed by the probate court or judge, shall have power to employ counsel, on behalf of such insane person, and on such terms as he may deem to the best interest of his ward, to prosecute such claim on appeal before the district court or the supreme court of the United States; and for that purpose he may sell and convey such portion of the land so claimed as may be necessary therefor, and to

Claim for lands.

Counsel.

meet any necessary expenses that may be incurred in the prosecution of such claim. The deed of conveyance by the guardian shall be approved by the district judge of the district in which the land is situated, by his approval in writing endorsed thereon, and shall be effectual to pass the estate of the said insane person in and to the land so conveyed; provided, that any contract so made with counsel for the proDeeds to be ap-secution of any such appeal, shall be first approved by the judge of the district court of the district in which the land lies, upon petition duly presented for that purpose by the guardian; and provided, further, no sale of land, for the purpose aforesaid, shall take place, without a similar approval by the district court aforesaid, upon a like petition of the guardian.

proved.

Legal age.

[Act of May 10, 1854. Fixing the age of majority; as amended April 2, 1858. Statutes, 1858, p. 108.]

§ 407. [Sec. 1.] Males shall be deemed of full and legal age, when they shall be twenty-one years old, and females shall be deemed of full and legal age, when they shall be eighteen years old; or at any age under eighteen, when with riage with con- the consent of the parent, guardian, or other person under whose care or government they may be, they shall have been lawfully

Effect of Mar

sent of guardian,

etc.

married.

The amendment of 1858 added that portion of the section in italics.

Cases bearing upon the subject of the preceding Chapter.

SELECTION AND APPOINTMENT OF GUARDIANS.

In selecting a guardian for an infant, the wishes of the nearest relatives, or the declared wishes of the deceased parents, will be considered; but the matter is in the discretion of the Surrogate. Cozine v. Horn, 1 Bradford, 143.

Great respect will be paid to the wishes of deceased parents, even where they have not been expressed in a definite or legal form; still it is the duty of the court to see whether the conclusions of the parents are well founded, and such as command approval. If there is no reasonable objection to the gratification of their wishes, they will be controlling. Foster v. Mott, 3 Bradford R. 409.

In determining upon the appointment of a guardian, the court will consider, not only what appears to be for the best interests of the infant, with reference to his or her temporary welfare, but the state of the affections, attachments, training, education and morals. Ibid.

As between an uncle and a stranger, contending for guardianship, other things being equal, the uncle is to be preferred. Morehouse v. Cooke, Hopkins, 226.

A convicted felon on being restored to civil life by pardon, is again entitled to the custody of his infant children, who had been placed under guardianship during his civil death. Matter of Deming v. Johns, 233, 483.

Other evidence than that furnished in the petition for the appointment of a guardian, concerning the property of the minor, may be required by the surrogate. He may ascertain by the examination of witnesses, the probable amount of the personal estate, and of the income of the realty, during the minority of the infant. Bennett v. Byrne, 2 Barb. Ch. R. 216.

A widow, being her late husband's executrix, her child's grandfather, will be appointed guardian, rather than he who has married the widow. Massingale v. Tate, 4 Hayw. 30.

ACCOUNTS OF GUARDIANS, ETC.

A guardian is bound to keep separate accounts with each of his wards, and is chargeable with interest, if he neglect to invest their funds, though he may keep a reasonable surplus on hand for contingencies. Baker v. Richards, 8 Serg. and Rawles, 12.

Transactions between a guardian and ward, during his minority, are alone the subjects of settlement in a guardianship account. Crowell's Appeal, 2 Watts, 205.

Where one gave a negotiable note as guardian, it was held that he was liable in his individual capacity after his guardianship ceased, and that he might indemnify himself out of the estate of his ward. Thacher v. Dinsmore, 5 Mass R. 300, and Foster v. Fuller, 6 Mass. R. 58.

A guardian using the money of his ward, or neglecting to invest it, is chargeable with interest. A balance of the money in the guardian's hands should be struck every six months, and simple interest charged thereon, allowing a reasonable sum to remain in his hands to meet expenses. Commissions are not to be deducted from the foot of the account; but from time to time, as the services were rendered. Lay v. Barnes, 4 Serg. and Rawles, 112.

If the guardian neglects to put the ward's money at interest, but suffers it to be idle an unreasonable time, or mixes it with his own, the court will charge him with interest, and in cases of gross delinquency with compound interest. White v. Parker, 8 Barb. S. C. R. 48 and cases there cited.

As to proof of opportunity, or ability of guardian safely to invest ward's money, and what will be considered a reasonable time to do so; and the degree of diligence to which guardian is bound, see opinion in same case.

A guardian cannot be charged in his account with his ward, for a contested debt, claimed to have been due to the ward from him, at the time of his appointment. The surrogate has no jurisdiction to try such a controverted claim. Rait v. Rait, 1 Bradf. R. 345.

In allowing the guardian for counsel fees disbursed for the benefit of his ward, he will be credited only such sum as was a reasonable charge for the services rendered.

Ibid.

When a guardian charges his ward with counsel fees paid by him, he must show that the services rendered by the counsel were necessary for the interest of the ward. McGary v. Lamb, 3 Texas R. 342.

The verdict of a jury on a question submitted to them, respecting the correctness of accounts, rendered by a guardian against his ward, is entitled to great weight, and should not be set aside, unless clearly and palpably against evidence. Ibid.

GUARDIANS FOR PERSONS NON COMPOS MENTIS.

Letters of guardianship of a lunatic, issued by a probate court, cannot be questioned in a collateral proceeding. Warren et al v. Wilson, 4 Cal. R. 310. Upon the application for the appointment of a guardian to one represented as non compos mentis, the court are not confined to a trial by the inspection