and if the individual dies, refuses the appointment, or resigns it, or is removed from it, and a substitute is appointed by court, this substitute must give bonds.

The guardian is held, in this country, to have only a naked authority, not coupled with an interest. His possession of the property of his ward is not such as gives him a personal interest, being only for the purpose of agency. But for the benefit of his ward he has a very general power over it. He manages and disposes of the personal property at his own discretion, although it is safer for him to obtain the authority of the court for any important measure. He may lease the real estate, if appointed by will or by the court; he cannot, however, sell the real estate without leave of the proper court. Nor should he convert the personal estate into real, that is, should not buy real estate, without such leave.

As trustee, a guardian is held to a strictly honest discharge of his duty, and cannot act in relation to the subject of his trust for his own personal benefit, in any contract whatever. And if a benefit arises thereby, as in the settlement of a debt due from the ward, this benefit belongs wholly to the ward. And it has been held that if a guardian makes use of his own money to erect buildings on the land of his ward, without having an order of the court therefor, he cannot charge the same in account with his ward, or recover the amount from the ward. But we doubt whether a rule

so severe would be applied, unless for special reasons. He must neither make nor suffer any waste of the inheritance, and is held very strictly to a careful management of all personal property. He is responsible not only for any misuse of the ward's money or stock, but for letting it lie idle; and if he does so, without sufficient cause, he must allow the ward interest, and sometimes compound interest, in his account.

To secure the proper execution of his trust, he is not only liable to an action by the ward, after the guardianship terminates, but, during its existence, the ward may call him to account by his next friend, or by a guardian appointed by the court for the action. The courts have gone so far as to set aside transactions which took place soon after the ward came of age, and which were beneficial only to the former guardian, on the presumption that undue influence was used, and on the ground of public utility and policy.

A guardian cannot, by his own contract, bind the person or estate of his ward; but if he promise, on a sufficient consideration, to pay the debt of his ward, he is personally bound by his promise, although he expressly promises as guardian. And it is a sufficient consideration if such promise discharge the debt of the ward. And a guardian who thus discharges the debt of his ward may lawfully

indeninify himself out of the ward's estate, or if he be discharged from his guardianship, he may have an action against the ward for money paid for his use. An action will not lie against a guardian on a contract made by the ward, but must be brought against the ward, and be defended by the guardian.

The guardianship is a trust so strictly personal, or attached to the individual, that it cannot be transferred from him, either by his own assignment or devise, or by inheritance or succession.

A married woman cannot become a guardian without the consent of her husband; but with that she may. A single woman who is a guardian generally loses her guardianship by marriage; but she may be reappointed. In some States she loses it on her marriage, by statute; in others not.

APPRENTICES.

The contract of apprenticeship is generally in writing, and is also most frequently by deed (or writing under seal), and is to be construed and enforced as to all the parties, by the common principles of the law of contracts. Usually the apprentice, who is himself a minor, and his father or guardian with him, covenant that he shall serve his master faithfully during the term. And the master covenants that he will teach the apprentice his trade; but the instru ment is not made invalid by the omission to specify any trade or profession as that to be taught. He also covenants to supply him with all necessaries, and at the end of the term give him money or clothes. Slight informalities would not make the instrument void. Even if they are of sufficient magnitude to have this effect, the instrument will prescribe and measure the claim of each of the parties against the other, if they have lived under this instrument as master and servant. But the apprentice's consent will not be inferred from his mere signature, but must be expressed.

In case of sickness the master is bound to provide proper medicines and attendance. The master cannot transfer his trust, or his rights over the apprentice. He has no right to employ the apprentice in menial services not connected with the trade or business which he has agreed to teach him. And when he neglects to take due charge of the apprentice, the parent's or guardian's authority will revive.

The sickness of the apprentice, or his inability to learn or to serve, without his fault, does not discharge the master from his covenants, because he takes this liability on himself. Nor will such misconduct as would authorize a master to discharge a common servant liberate the master of an apprentice from his liability on

his contract. But if the apprentice deserts from his service, and contracts a new relation which disables him from returning lawfully to his master, the latter is not bound to receive him again if he offers to return.

Not only a party who seduces an apprentice from his service is liable, but where one employs an apprentice without the knowledge and consent of his master, the employer is liable to the master for the services of the apprentice, although he did not know the fact of the apprenticeship. It may be added, that if an action be brought for harboring an apprentice against the will or without the consent of his master, the plaintiff is bound to prove that the defendant had a knowledge of the apprenticeship. But a defendant who did not know the apprenticeship when he hired or received the apprentice, and who, being informed thereof, continued to retain and harbor him, thereby makes himself liable.

(11.)

A GENERAL INDENTURE OF APPRENTICESHIP, AS SOMETIMES
USED IN NEW ENGLAND.

THIS INDENTURE, made the

between A. B. of

day of

by and and C. D. his son, of the age of of the other part, witnesseth,

years, of the one part, and E. F. of that the said C. D. by and with the consent of the said A. B. (testified by his signing and sealing these presents) hath bound out himself as an apprentice, to

of

To be taught in the said trade, science, or occupation of a

which the said R. J. now uses, and to live with, continue, and serve him as an apprentice from the day of the date hereof (or from the

day of next coming) unto the full end and term of seven years from thence next ensuing and fully to be complete and ended. During all which said term of seven years, the said A. B. doth covenant and promise to and with the said R. J., that he, the said C. D., shall and will well and faithfully serve and demean himself, and be just and true to him, the said R. J., as his master, and keep his secrets, and everywhere willingly obey all his lawful commands; that he shall do no hurt or damage to his said master in his goods, estate, or otherwise, nor willingly suffer any to be done by others, and whether prevented or not, shall forthwith give notice thereof to his said master; that he shall not embezzle or waste the goods of his said master, nor lend them without his consent to any person or persons whatsoever; that he shall not traffic, or buy and sell, with his own goods, or the goods of others, during the said term, without his master's leave; that he shall not play at cards, dice, or any other unlawful games, whereby his said master may sustain any loss or damage, without his consent; that he shall not haunt or frequent playhouses, taverns, or alehouses, except it be about his master's business there to be done; and that he shall not at any time, by day or night, depart or absent himself from the service of

his said master without his leave; but in all things, as a good and faithful apprentice, shall and will demean and behave himself to his said master, and all his, during the said term. And for and in consideration of the sum of to him in hand paid, &c., the receipt, &c., the said R. J. doth covenant, promise, and agree to teach and instruct his said apprentice, or otherwise cause him to be well and sufficiently taught and instructed, in the said trade of a after the best way and manner that he can; and shail and will also find and allow unto his said apprentice meat, drink, washing, lodging, and apparel, both linen and woollen, and all other necessaries, in sickness and in health, meet and convenient for such an apprentice, during the term aforesaid; and, at the expiration of the said term, shall and will give to his said apprentice (over and above his then clothing) one new suit of apparel, viz., coat, waistcoat, and breeches, hat, shoes and stockings, and linen, fit and suitable for such an apprentice. IN WITNESS WHEREOF, The said parties have interchangeably set their hands and seals hereunto. Dated the year of our Lord one thousand eight hundred and

day of

(Signatures.)

in the

(Seals.)

(Witnesses.)

(12.)

of

SHORTER INDENTURE OF APPRENTICESHIP.

THIS INDENTURE WITNESSETH, That

by and with the consent

hath put himself, and by these presents doth voluntarily, and to learn the art, trade, and mystery of and after the manner of an apprentice to serve the said for and during, and to the full end and term of next ensuing. During all which time the said apprentice doth covenant and promise that he will serve his master faithfully, keep his secrets, and obey his lawful commands; that he will do him no damage himself, nor see it done by others, without giving him notice thereof; that he will not waste his goods, nor lend them unlawfully; that he will not contract matrimony within the said term; that he will not play at cards, dice, or any other unlawful game, whereby his master may be injured; that he will neither buy nor sell, with his own goods or the goods of others, without license from his master; and that he will not absent himself day nor night from his master's service without his leave; nor haunt alehouses, taverns, or playhouses; but in all things behave himself as a faithful apprentice ought to do during the said term. And the said master on his part doth covenant and promise that he will use the utmost of his endeavors to teach, or cause to be taught or instructed, the said apprentice in the art, trade, or mystery of and will procure and provide for him sufficient meat, drink, clothing, lodging, and washing, fitting for an apprentice, during the said term, and will give him

of his own free will and accord, put himself apprentice to

And for the true performance of all and singular the covenants and agreements aforesaid, the said parties bind themselves, each unto the other, firmly by these presents.

IN WITNESS WHEREOF, The said parties have interchangeably set their hands and seals hereunto. Dated the

year of our Lord one thousand eight hundred and

Executed and delivered before

(Witnesses.)

in the

day of

(Signatures.)

(Seals.)

SECTION II.

HUSBAND AND WIFE.

By the original common law of this country, a married woman was wholly incapable of entering into mercantile contracts on her own account. By the fact of marriage, her husband became possessed of all her real estate during her life; and if a living child was born of the marriage, he had her real estate during his own life, if he survived her. This life-right in her real estate is called, in law, his tenancy by the curtesy. This life right remains in force in most of the States.

All the personal property which she has in actual possession becomes by common law absolutely his, as entirely as if she had made a transfer of it to him. But by property in possession the law means only her goods and chattels, or things which can be handled, and which actually are in her hands, or under her direct and immediate control. If she have notes of hand, money due her, or shares in various stocks, these are not considered as things in possession, but as things in action.

"Things in possession" are those things which one has now in his hands, and "things in action" (called in law choses in action), those which are so called because he who owns them cannot get possession of them without an action, if other persons choose to resist him. All debts, and evidences of debt, as bonds, notes, and all shares in stocks, whether national or State, or of incorporated companies or other companies, are things in action. But bank-bills are usually regarded as money, and therefore as things in possession. The common law makes a wide difference between things in possession and things in action in many respects.

The common law of husband and wife as to things in action is this: the husband may, if he pleases, reduce them to his possession, and so make them absolutely his own. In general, he does this by any act which is distinctly an act of ownership; as if he demands. and collects the debts due to her, or indorses her notes which he can do in his own name and sells them, or has the stock transferred to his own name, or, in general, makes any final and effectual disposition of these things in action; then they have become absolutely his own.