proceedings as aforesaid, and the attorney-general in behalf Appeal may be of the State, shall respectively have the same right to prosecute an appeal or writ of error upon any judgment as aforesaid, as parties in other cases. (a.)

taken.

§ 331. [Sec. 5.] The comptroller of State shall keep just and true accounts of all moneys paid into the treasury, all moneys paid into lands vested in the State, as aforesaid; and if any person

Disposition of

treasury, and

state, etc.

lands vested in shall appear within ten years after the death of the intestate, and claim any moneys paid into the treasury, as aforesaid, as heir or legal representative, such person may file a petition to the district court in which the seat of government may be staying, stating the nature of his claim, and praying such money may be paid him; a copy of such petition shall be served on the attorney general at least twenty days before the hearing of said petition, who shall put in answer to the same, and the court thereupon shall examine said claim, and the allegations and proofs; and if the court shall find that such person is entitled to any money paid into the State treasury, he shall by an order, direct the comptroller to issue his warrant on the treasury for the payment of the same, but without interest or cost to the State; a copy of which order, under the seal of the court, shall be a sufficient voucher for issuing such warrant; and if any person shall appear and claim land vested in the State, as aforesaid, within five years after the judgment was rendered, it shall be lawful for such person (other than such as was served with a summons or appeared to the proceeding, their heirs or assigns) to file in the said district court, in which the lands claimed lie, a petition setting forth the nature of his claim, and praying that the said lands may be relinquished to him; a copy of which petition shall be served on the attorney-general, who shall put in an answer, and the court thereupon shall examine said claim, allegations and proofs, and if it shall appear that such person is entitled to such land claimed, the court shall decree accordingly, which shall be effectual for divesting the interest of the State in or to the lands; but no costs shall be charged to the State; and all persons who shall fail to appear and file their petition, within the time limited as aforesaid, shall be forever barred; saving, however, infants, married women, and persons of unsound mind, or persons be

(a.) Amended Statutes, 1855, p. 222, sec. 3.

yond the limits of the United States, the right to appear and file their petition, as aforesaid, at any time within five years after their respective disabilities are removed: provided, however, that the legislature may cause such lands to be sold at any time after seizure, in such manner as may be provided by law; in which case the claimants shall be entitled to the proceeds, in lieu of such lands, upon obtaining a decree or order as aforesaid.

[Act of April 30, 1855, amending and supplementary to the foregoing. Stat. 1855, p. 222, sections 4 to 8, inclusive.]

Receiver may

§ 332. [Sec. 4.] The said district court, upon the filing of said information and application of the attorney-general, be appointed. either before or after answer, upon notice to the party or parties claiming such estate, if known, may, sufficient cause therefor being shown, appoint a receiver to take charge and receive the rents and profits of the same, until the title to such real estate shall be finally settled.

age.

Informer enti

§ 333. [Sec. 5.] Any person furnishing original information to the attorney-general of the escheating of any proper- tled to per centty to the State of California, together with the necessary evidence to sustain the action of the State in such behalf, shall be entitled to receive, upon the final recovery of such property, five per centum of the property so recovered; provided that the amount so received by the person or persons furnishing such information, shall not in the aggregate exceed the sum of twenty thousand dollars in any one case; and provided that only one person shall be entitled to compensation for such services.

Disposition of

from escheated estates.

§ 334. [Sec. 6.] All moneys which have accrued, or may hereafter accrue to this State from escheated estates, shall money accruing be paid into the general fund, and if need be, [used] in the defrayment of the current expenses of the government, and the redemption of the controller's warrants.

§ 335. [Sec. 7.] The amount of such moneys, so received, shall be converted by the State controller into bonds of the The like. State, bearing seven per cent interest per annum ; which bonds shall be kept as a special deposit in the treasury, marked "School Fund," to be credited to said school fund.

All interest falling due on said bonds so set apart, shall be semi-annually placed to the credit of said school fund.

66

[Sec. 8 of this Supplementary Act merely declares that "All laws or parts of laws, in conflict with this Act," (sections 327 to 335 inclusive) by repealed."]

are here

minors, when appointed.

CHAPTER XVII.

THE APPOINTment and duties of GUARDIANS. (a.)

[Act of April 19, 1850, to provide for the appointment and prescribe the duties of guardians. Compiled Laws, p. 154.]

§ 336. [Sec. 1.] The Probate Judge of each county, when Guardians for it shall appear to him necessary or convenient, may appoint guardians to minors who have no guardian legally appointed by will, and who are inhabitants or residents in the same county; or who shall reside without the state and have any estate within the county.

nate guardian.

[Forms Nos. 186, 187, 188, 189, 191, 192, Appendix.]

§ 337. [Sec. 2.] If the minor is under the age of fourteen. Who to nom years the Probate Judge may nominate and appoint his guardian; and if he is above the age of fourteen years he may nominate his own guardian, who, if approved by the judge, shall be appointed accordingly.

In what cases

§ 338. [Sec. 3.] If the guardian nominated by the minor shall not be approved by the judge, or if the minor shall judge may ap reside out of the state, or if after being duly cited by the over fourteen. judge, he shall neglect for ten days to nominate a suitable

point, for minor

(a.) See cases noted at the end of this chapter.

And see the Act of March 13, 1858, "to authorize guardians of minors, etc., to receive and remove from this state any property to which the ward may be entitled;" post sec 386. Also, the act of April 10, 1858, "to provide for binding minors as apprentices, clerks and servants," post sec. 389. Also, the act of March 27, 1858, conferring certain powers upon the guardians of insane persons, having claims for lands derived from Spanish or Mexican authorities. Stat. 1858, p. 98.

person, the judge may nominate and appoint the guardian in the same manner as if the minor were under the age of fourteen years.

[Form No. 193, Appendix ]

Minor may nom

§ 339. [Sec. 4.] When a guardian has been appointed by the court for a minor under the age of fourteen years, the inate on arriving minor at any time after he attains that age may appoint his own guardian, subject to the approval of the Probate Judge.

at age of fourteen

§ 340. [Sec. 5.] The father of the minor, if living, and in Father or moth

guardianship.

case of his decease the mother while she remains unmarried, er entitled being themselves respectively competent to transact their own business, and not otherwise unsuitable, shall be entitled to the guardianship of the minor.

mother.

to

§ 341. [Sec. 6.] If the minor have no father or mother liv- If no father or ing, and competent to have the custody and care of the education of such minor, the guardian so appointed shall have the custody and tuition of his ward.

Powers of

§ 342. [Sec. 7.] Every guardian appointed as aforesaid shall have the custody and tuition of the minor, and the care dian. and management of his estate until such minor shall arrive at the age of twenty-one years, or shall marry; or until the guardian shall be discharged according to law.

See Statute of April 2, 1858, post. Sec. 407.

Bond of guar

Condition there

§ 343. [Sec. 8.] Before appointing any person guardian of a minor, the judge shall require of such person a bond to dian. the minor, with sufficient sureties to be approved by the judge, and in such sum as he shall order, conditioned as follows: 1. To make a true inventory of all the estate, real of and personal, of his ward, that shall come to his possession or knowledge; and to return the same within such time as the judge shall order: 2. To dispose of and manage all such estate according to law, and for the best interest of the ward, and faithfully to discharge his trust in relation thereto; and also in relation to the care, custody, and education of the ward 3. To render an account on oath of the property, estate, and moneys of the ward in his hands; and all proceeds or interest derived therefrom, and of the management and disposition of the same within one year after his appointment, and at such other times as the court shall di

Sections of the

applicable to guardians.

rect and 4. At the expiration of his trust to settle his accounts with the Probate Judge, or with the ward if he be of full age, or his legal representatives; and to pay over and deliver all the estate, moneys, and effects remaining in his hands, or due from him on such settlement, to the person or persons who shall be lawfully entitled thereto.

[Form No. 190, Appendix.]

See next section, and sections 374 to 376 post, inclusive.

§ 343. A. [Sec. 1.] All the provisions of sections seventyeight, seventy-nine, eighty, eighty-one, eighty-two, eightyProbate act made three, eighty-four, eighty-five, eighty-six and eighty-seven of the Act entitled "An act to regulate the settlement of the estates of deceased persons, passed May 1st, eighteen hundred and fifty-one, are hereby declared to apply to guardians appointed in pursuance of the act, entitled "An act to provide given by them. for the appointment and prescribe the duties of guardians," passed April nineteenth, eighteen hundred and fifty, and to the bonds taken, or to be taken from such guardians in pursuance of said last mentioned act, and to the sureties on such bonds. (a.)

And to bonds

minor out of in

property.

See sections 374, 375, 376, post.

§ 344. [Sec. 9.] If any minor, who has a father living, has Maintenance of property, the income of which is sufficient for his maintencome of his own ance and education in a manner more expensive than his father can reasonably afford, regard being had to the situation of the father's family, and to all the circumstances of the case; the expenses of the education and maintenance of such minor may be defrayed out of the income of his own property in whole or in part, as shall be judged reasonable and shall be directed by the Probate Court; and the charges therefor, may be allowed accordingly in the settlement of the accounts of his guardian.

Father may

§ 345. [Sec. 10.] The father of every legitimate child which is a minor, may, by his last will in writing, appoint a appoint a guar guardian or guardians for his minor children, whether born at the time of making such will or afterwards, to continue during the minority of such child, or for any less time; and every such testamentary guardian shall give bond in like

(a.) This is a section supplementary to the Guardian act, and was passed March 27, 1857. Statutes of 1857, p. 120.