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SEC. 1798. (222, 387.) The application must be made. upon ten days notice to the resident executor, administrator, or guardian, if there be such, and upon such application the non-resident guardian must produce and file a

Page 266.

1798. The application must be made upon ten days notice to the resident executor, administrator, or guardian, if there be such, and upon such application, the non-resident guardian must produce and file a certificate, under the hand of the Clerk and seal of the Court from which his appointment was derived, showing:

1.

A transcript of the record of his appointment; 2. That he has entered upon the discharge of his duties;

3. That he is entitled, by the laws of the State of his appointment, to the possession of the estate of his ward; or must produce and file a certificate under the hand and seal of the clerk of the Court having jurisdiction in the country of his residence of the estates of persons under guardianship, or of the highest Court of such country, that by the laws of such country the applicant is entitled to the custody of the estate of his ward without the appointment of any Court.

Upon such application, unless good cause to the contrary is shown, the Probate Judge must make an order granting to such guardian leave to take and remove the property of his ward to the State or place of his residence, which is authority to him to sue for and receive the same in his own name, for the use and benefit of his ward.

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1805. Limitation of actions on guardian's bond.

1806. Limitation of actions for the recovery of property sold.

1807. More than one guardian of a person may be appointed.

1808. Power of probate judge in chambers.

1809. Provisions of section ten hundred and fifty-seven apply to

guardians.

tion of

suspected

ing wards

ing prop

SEC. 1800. (2342, 377.) Upon complaint made to him Examinaby any guardian, ward, creditor or other person interested persons in the estate, or having a prospective interest therein as heir of defraudor otherwise, against any one suspected of having concealed, or concealembezzled or conveyed away any of the money, goods or erty. effects, or an instrument in writing, belonging to the ward or to his estate, the probate judge may cite such suspected person to appear before him, and may examine and proceed with him on such charge in the manner provided in this title with respect to persons suspected of, and charged with, concealing or embezzling the effects of a decedent.

Statutes of 1850, p. 272, § 42.

and res

of guardian,

der of

SEC. 1801. (2 37, 372.) When a guardian, appointed Removal either by the testator or the probate judge, becomes insane ignation or otherwise incapable of discharging his trust, or unsuit- and surren able therefor, or has wasted or mismanaged the estate, or estate. failed, for thirty days, to render an account or make a return, the probate court may, upon such notice to the guardian as the court may require, remove him and compel him to surrender the estate of the ward to the person found to be lawfully entitled thereto. Every guardian may resign, when it appears proper to allow the same; and upon the resignation or removal of a guardian, as herein provided, the probate court or the judge thereof may appoint another in the place of the guardian who has resigned or has been removed.

Statutes of 1870, p. 702, § 2.

See Warder v. Elkins, 38 Cal. 439, cited under next section.
See also section 257, of Civil Code, in next chapter, post.

ship, how

SEC. 1802. (2 38, 373.) The marriage of a minor ward Guardianterminates the guardianship; and the guardian of an insane terminated. or other person may be discharged by the probate judge when it appears to him, on the application of the ward or otherwise, that the guardianship is no longer necessary. Statutes of 1850, p. 272, § 38.

By the statute concerning guardians (Statutes of 1850, p. 272), as amended by the 16th section of the act of 1861, the power to discharge a guardian at chambers is conferred upon the probate judge, and as the act of the probate court. Warder v. Elkins, 38 Cal. 439.

This power includes and implies the power to perform at chambers any act preliminary to this ultimate act, and the same becomes the act of the probate court. lbid.

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SEC. 1803. (2239, 374.) The probate judge may require a new bond to be given by a guardian whenever he deems it necessary, and may discharge the existing sureties from further liability, after due notice given as he may direct, when it shall appear that no injury can result therefrom to those interested in the estate.

Statutes of 1850, p. 272, § 39.

The probate court may make a final decree discharging a guardian and his sureties, from all liabilities incurred, except as to liability to those persons laboring under some legal disability, The rights of such persons are preserved until two years after their disability ceases, whether so expressed in the decree or not. Racouillat v. Requena, 36 Cal. 51.

SEC. 1804. (2240, 375.) Every bond given by a guardian 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.

Statutes of 1850, p. 272, § 40.

See Fox v. Minor, 32 Cal. 111, cited under section 1754, ante.

SEC. 1805. (§§ 41, 376.) No action can be maintained against the sureties on any bond given by a guardian unless it be commenced within three years from the 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.

Statutes of 1850, p. 272, § 41.

SEC. 1806. (§§ 37, 369.) No action for the recovery of 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 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. Statutes of 1850, p. 271, § 34.

SEC. 1807. (22 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 guar

dian.

Statutes of 1850, p. 273, § 48.

NOTE.-The entire act of 1858, p. 98, authorizing the employment of counsel in land cases, etc., has been omitted as unnecessary, since the whole subject of the act is covered by general powers of the guardian to do all things necessary to colleot, recover and preserve the estate.

probate

chambers.

SEC. 1808. (§§ 16, 385.) The power conferred upon the Power of probate judge in relation to guardians and wards may be judge in exercised by him at chambers, or as the act of the probate N. S. 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 relate to the practice in the probate or the district courts, applies to proceedings under this chapter.

Statutes of 1861, p. 607, § 16.

See Warder v. Elkins, 38 Cal. 39, cited under section 1802, ante.

of section

to guar

SEC. 1809. The provisions of section ten hundred and Provisions fifty-seven are hereby declared to apply to guardians ap- 1057 apply pointed by the court, and to the bonds taken or to be taken dians. from such guardians, and to the sureties on such bonds. (a)

NOTE.—These fourteen chapters embody all the laws regulating the practice and proceedings in the probate court.

(a) NOTE.--(From Code of Civil Procedure.)-SEC. 1057. (§ 650.) In all cases where an undertaking with sureties is required by the provisions of the Code, the officers taking the same must require the sureties to accompany it with an affidavit that they are each residents and householders or freeholders within the State and are each worth the sum specified in the undertaking, over and above all their just debts and liabilities, exclusive of property exempt from execution, but when the amount specified in the undertaking ex. ceeds three thousand dollars, and there are more than two sureties thereon, they may state in the affidavits that they are severally worth amounts less than that expressed in the undertaking, if the whole amount be equivalent to that of two sufficient sureties.

N. S.

Guardian, what.

Ward, what.

CHAPTER XV.

[From Civil Code.]

GUARDIAN AND WARD.

NOTE.-Under this head have been placed not only the provisions of law relating to the guardianship of minors, but also those relating to the custody and care of persons of unsound mind. The "committee" of a lunatic is here termed a “guardian.”

SECTION 236. Guardian, what.

237. Ward, what.

238. Kinds of guardians.

239. General guardian, what.

240. Special guardian, what.

241. Appointment by parent.

242. No person guardian of estate without appointment.
243. Appointment by court.

244. Same.

245. Jurisdiction.

246. Rules for awarding custody of minor.

247. Powers of guardians appointed by court.

248. Duties of guardian of the person.

249. Duties of guardian of estate.

250. Relation confidential.

251. Guardian under direction of court.

252. Death of a joint guardian.

253. Removal of guardian.

254. Guardian appointed by parent, how superseded.

255. Guardian appointed by court, how superseded.
256. Release by ward.

257. Guardian's discharge.

258. Insane persons.

SEC. 236. A guardian is a person appointed to take care of the person or property of another.

N. Y. C. C., § 117.

See Lord v. Hough, 37 Cal. 660, cited under section 1747, of Code of Civil Procedure in preceding chapter.

SEC. 237. The person over whom or over whose property a guardian is appointed, is called his ward.

N. Y. C. C., § 118.

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