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bate, after deducting the amount of the claims allowed by the commissioners from the amount of the personal estate of the testator or intestate, remaining in the hands of such executor or administrator, to be applied to the payment of the debts of the testator or intestate: Provided, That the Proviso. pendency of any commission as aforesaid shall be no bar to any action against the executor or administrator aforesaid, after the expiration of two years from the time letters testamentary or of administration were granted.

1808, '22.

pro- appoint

of minors.

An act respecting Guardians.

1798, Section 1. Be it enacted by the General Assembly, and Court of

probate to by the authority thereof it is enacted, That the courts of bate, in their respective towns, be and they are hereby guardians empowered, as often as occasion may require, to approve of guardians chosen by minors of fourteen years of age and upward, and to appoint guardians of minors under that age, taking bonds with sufficient sureties from all such Guardians guardians, conditioned for the faithful discharge of their to give trust, and to account with the court of probate, or minor when he shall arrive to the age of twenty-one years, and at such other times as the court of probate shall direct; and when a minor above the age of fourteen years shall be without this State, or be cited by the court of probate to choose a guardian, and shall neglect so to do, or if the guardian chosen by such minor shall refuse the trust, or shall not offer sufficient security within a reasonable time, in every such case, the court of probate shall have the

And to resame power to appoint a guardian as if such minor was under the age of fourteen years : and in all cases the guar- in the dian by them appointed shall be a citizen of and resident State. within this State.

Sec. 2. And be it further enacted, That the courts of pro- May apbate, in their respective towns, shall have power to appoint point guardians of idiots, and also of all persons who are non of idiots, compos or lunatic, or who, for want of discretion in managing their estates, are likely to bring themselves and famjies to want, and thereby render themselves and families chargeable to such town; and every person so appointed Such guarguardian shall, before he proceeds to act as such, give give bond. bond with sufficient sureties to the court of probate, conditioned for the due and faithful discharge of his trust according to law, and for fendering a just and true account

side with


Court may



Notice to

Contracts void be

of his doings therein to said court of probate whenever he shall be by said court thereunto required : and the said court may discharge such guardians, and also the guard

ians of minors by such court appointed, and may appoint guardians, others in their stead, whenever they shall deem it expe

dient so to do; and may require additional bonds from said guardians, whenever they shall think proper, and in case of refusal or neglect to give the same, may remove such guardians from their trust: and said court may also, upon the request of a minor over fourteen years of age,

if they shall think proper, remove the guardian by him or her chosen, and approve of some other person chosen as aforesaid.

Sec. 3. And be it further enacted, That no guardian shall be given

be appointed or removed under this act, unless all known to all par- parties interested shall have had reasonable notice in writies.

ting, signed by the clerk, and served by the town-sergeant or constable, that he, she or they may appear, to object to the same; and after notice as aforesaid to any intended ward of full age, all contracts, bargains and convey

ances by him or her made, between the time of such notween, &c. tice and the trial before the court of probate, shall be null

and void : and upon application, which shall be in writing, post up no- for the appointment of a guardian as aforesaid, the clerk

of probate shall post up a copy thereof, with the order of notice thereon, in some conspicuous place in his office, that all purchasers may have due notice thereof.

Sec. 4. And be it further enacted, That it shall be the duty of dian's du- all guardians approved of or appointed by a court of pro

bate, to take suitable care of the persons of whom they shall be respectively appointed guardians, and to improve their respective estates frugally and without waste, and to apply the income and profits thereof to the support and mainte

nance of the respective persons to whom they shall belong, May sue and his or her household or family, (if any such there be,

and are hereby empowered to settle accounts, and to receive, and if necessary to sue for and recover, all debts due the persons of whom they shall respectively be guardians,

and shall be liable to pay all just debts which such persons Sbbild pay owed, out of their personal estates, in an equal pro rata equal pro- proportion; but if the personal estate shall be insufficient portions. to pay the debts as aforesaid, the said guardian shall make Sell real sale of the whole or part of the real estate of their respec

tive wards for that purpose, being first empowered therefor by the sapreme judicial court, in the same manner ex

Clerk to




and be sued.

estate in case.

tory of

ecutors and administrators are empowered to make sale of the real estate of deceased persons, which power the supreme judicial court are hereby authorized to grant; and in case the personal estates and the income of the real estates of any persons who shall be under guardianship as aforesaid, shall not be sufficient to support them, the supreme judicial court may authorize the guardians to make sale of so much of the real estate of such persons as may be necessary therefor: Provided however, That Provided before any sale as aforesaid, the guardians aforesaid shall that he give bond with sufficient sureties to the court of probate, sive bond. conditioned, that he or she will apply the proceeds of said sale according to law.

Sec. 5. And be it further enacted, That upon the appoint- Guardian ment of any guardian as aforesaid, he shall give imme- to give nodiate notice thereof by advertisement, six successive appointweeks, in some newspaper printed in this State, and shall ment. also at the same time notify the creditors of his ward to exhibit their claims within six months from the date of said notice: and it shall be the duty of such guardian, And file within three months after his appointment, to exhibit un- an inven. der oath to the court of probate, an inventory of all the

property. real and personal estate of his ward ; and he shall also before making payment to any one, exhibit to said court, And list of a list of all the claims presented against his ward, noting claims. thereon such as are allowed by him, and such as are rejected in whole or in part: and it shall be the duty of the guardian to collect all the personal property of his ward, to collect and sell and appropriate the same (or so much thereof personal as shall be necessary) at such time and in such manner as the court of probate shall direct, to the payment of all the debts of such ward, in equal proportions as aforesaid, except taxes, which shall be paid in full: and when it and apply shall appear that the personal estate is insufficient for the real estate purposes aforesaid, he shall apply to the supreme judicial court as above prescribed, and sell so much of the real estate as may be necessary to make up the deficiency with incidental expences: and if any guardian as

Penalty aforesaid shall neglect to apply the real and personal es- for negtate of his ward as aforesaid, to the payment of his debts lect. as aforesaid, it shall be deemed a forfeiture of his bond given as aforesaid, and he shall be liable to an action thereon, by any creditor who may be damnified thereby, and judgment shall be entered as on administration bonds sued; provided that no action shall be brought upon any



to debts.



Security such bond for the benefit of any creditor, unless such for costs.

creditor shall give security for costs by endorsing the writ, if a freeholder, or procuring some sufficient freeholder to endorse the same, who shall be liable in case the defendant recovers, and the court shall issue execution as in other cases.

Sec. 6. And be it further enacted, That each creditor to exhibit,

Chim who neglects to exhibit his claim to the guardian within to be bar-' the term of six months as aforesaid, shall be for ever barred.

. red of all claim therefor against the guardian, unless there shall be surplus property in his hands, after paying

all debts and expences and allowances made by the Limitation court of probate as herein provided : and no action shall of action be sustained against any guardian as aforesaid, within vs. guar

twelve months after his appointment and notice thereof as aforesaid, unless the claim exhibited is wholly or in part rejected by the guardian ; in which case the creditor may bring his suit forthwith, and shall be entitled to the whole or a dividend (if the estate should prove in

solvent) upon such sums as he may recover in such suit ; May enter and such guardian is hereby authorized to submit any into rule.

* disputed claim to referees, whose decision shall be final Claims not between the parties : and all legal demands against the due may ward, although the same may not be then due, may be

filed and shall be entitled to a dividend (allowing the interest for the anticipated payment) in the same manner

with other demands actually due. Court to Sec. 7. And be it further enacted, That the court of

: probate be and they are hereby authorized, in the final

settlement of the accounts of any guardian by them appointed, to make all reasonable allowances for such sums as the guardian from time to time shall have paid for the comfortable support of his ward, (and family, if any there be ;) and also a reasonable compensation to

the guardian aforesaid, for his services under this act.. May ap- Sec. 8. And be it further enacted, That the court of propoint

indiang bate may appoint guardians of the children of all persons to the chil- who are idiots, non compos or lunatic, or who have been dren of idiots." &c. adjudged incapable of managing their estates, in the same

manner as if their parents were dead. Who shall Sec. 9. And be it further enacted, That it shall be the duty

of the guardians of minors to take special care of their education, and it shall also be the duty of the guardians of idiots, lunatics, persons non compos, and persons adjudged to be incapable of managing their own estates, to

make reasonable al. lowances to guardian.

attend to their 10. cation,

take the like care of the education of the children of such persons, unless guardians shall be especially appointed for such children ; and the estates of such persons, and also the estates of minors, shall be liable for the education of such minors and children aforesaid, in the same manner as for their support and maintenance, and may be disposed of accordingly.

Sec. 10. And be it further enacted, That every person Guardian authorized by law to make a will, shall have a right to may be appoint by his will a guardian or guardians for his chil- by will. dren, during their minority; and every guardian so appointed shall, before he proceed to act as such, give bond with sufficient sureties, and be accountable in the same manner as if he had been appointed by the court of probate.

Sec. 11. And be it further enacted, That no person un- Contracts der guardianship as aforesaid shall make any contracts, void, &c. or exercise the right of suffrage, during the existence of such guardianship.

An act to secure to Masters and Mistresses, and to Apprentices 1798.

and Minor Servants, bounden by deed, their mutual privileges.

Section 1. Be it enacted by the General Assembly, and by Minors the authority thereof it is enacted, That minors within the bound out. age of twenty-one years may be bounden by deed as servants and apprentices by their father, and in case of his decease, by their mother, when sole, or having no such parent, and being within the age of fourteen years, by their guardian, legally appointed ; and if fourteen years of age, and having no such parent, may, of his or her voluntary accord, with the approbation of his or her guardian, or in case of no such guardian, by and with the approbation of the town-council of the town where such minor belongs or resides, bind himself or herself by deed as an apprentice or servant; females to the age of eigh- For what teen years, or to the time of their marriage, within that age, and males to the age of twenty-one years; provided, that in every case there shall be two deeds of the same form and tenor, executed by both parties, one to be kept by each: Provided also, That all considerations which Propiso. shall be allowed by the master or mistress, in any contract of service or apprenticeship, shall be secured to the sole


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