SEC. 10. [Expenses of minor.]-If any minor, who has a father living, has property, the income of which is sufficient for his maintenance and education in a manner more expensive than such father can reasonably afford, regard being had to the situation of the fathers 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 court, and the charges therefor may be allowed accordingly in the settlement of the accounts of such guardian.

SEC. 11. [Appointment of guardian by will.]-Every father may, by his last will, in writing, appoint a guardian for any of his children, whether born at the time of making the will or afterwards, to continue during the minority of the child, or for any less time, and every such testamentary guardian shall have the same powers and shall perform the same duties wi regard to the person and estate of the ward as a guardian appointed by the court.

SEC. 12. [Bond.]-Every such testamentary guardian shall give bond in like manner and with like condition as is herein before required of a guardian appointed by the court; Provided, That when the testator, in the will appointing the guardian, shall have ordered or requested that such bond shall not be given, the bond shall not be required, unless, from a change in the situation or circumstances of the guardian, or for other sufficient cause, the court shall think proper to require it.

SEC. 13. [Appointment by courts.]-Nothing contained in this chapter shall impair or affect the power of any court to appoint guardians to defend the interests of minors, impleaded in such court, or interested in any matter then pending, nor their power to appoint or allow any person, as next friend for a minor, to commence, prosecute or defend any suit in his behalf.

SEC. 14. [Guardian of insane person.]-When the relations or friends of any insane person, or of any person who, by reason of extreme old age, or other cause, is mentally incompetent to have the charge and management of his property, shall apply to the court of probate to have a guardian appointed for him, the court shall cause a notice to be given to the supposed insane or incompetent person of the time and place of hearing the cause, not less than fourteen days before the time so appointed.

SEC. 15. [Same.]-If, after a full hearing and examination, upon any such application, it shall appear to the court that the person in question is incapable of taking care of himself and managing his property, he shall appoint a guardian of his person and estate, with the powers and duties hereinafter specified.

SEC. 16. [Same.]-Every guardian so appointed, as provided in the preceding section, shall have the care and custody of the person of his ward, and the management of all his estate, until such guardian shall be legally discharged, and he shall give bond to the judge of probate, in like manner and with the like condition as is before prescribed with respect to the guardian of the minor.

SEC. 17. [Guardian of spendthrift.]-When any person, by excessive drinking, or by gaming, idleness, or debauchery of any kind, shall so spend, waste or lessen his estate as to expose himself or family to danger of want or suffering, or the county to charge or expense for the support of himself or family, any officer having charge of the poor of the county, or justice of the peace of the county of which such spendthrift is an inhabitant, or in which he resides, may present a complaint to the court of probate, setting forth the facts and circumstances in the case, and praying to have a guardian appointed for him.

SEC. 18. [Same.]-The court shall cause notice to be given to such supposed spendthrift of the time and place of hearing the case, not less than ten days before the time so appointed, and if, after a full hearing, it shall appear to the court that the person complained of comes within the provision contained in the preceding section, he shall appoint a guardian of his person and estate, with the powers and duties hereinafter specified.

SEC. 19. [Contracts of spendthrift.]-After the order for notice has been

issued, the complainant may cause a copy of the complaint, with the order for such notice, to be filed in the office of the county clerk of the county, and a minute thereof be entered on the lien book in said office; and if a guardian shall be appointed on such application, all contracts, except for necessaries at reasonable prices, and all gifts, sales, and transfers of real or personal estate, made by such spendthrift, after the filing of a copy of such complaint and order, as aforesaid, and before the termination of the guardianship, shall be utterly void.

SEC. 20. [Allowance to ward.]-When a guardian shall be appointed for an insane person, or a spendthrift, the court shall make an allowance, to be paid by the guardian, for all reasonable expenses incurred by the ward, in defending himself against the complaint.

SEC. 21. Duties of guardians.]-Every guardian appointed for a spendthrift, shall have the care and custody of the person of the ward, and the management of all his estate, until the guardian shall be legally discharged, and he shall give bond to the judge of probate, in like manner and with like condition as is hereinbefore directed with respect to the guardian of an insane person.

SEC. 22. [Payment of debts.]-Every guardian appointed under the provisions of this chapter, whether for a minor or for any other person, shall pay all just debts due from the ward out of his personal estate, and the income of his real estate, if sufficient; or if not, then out of his real estate, upon obtaining license for the sale thereof, and disposing of the same in the manner provided by law.

SEC. 23. [Settlement of accounts, etc.)-Every such guardian shall also settle all accounts of the ward, and demand, sue for, and receive all debts due him, or may, with the approbation of the court, compound for the same, and give a discharge to the debtor, on receiving a fair and just dividend of his estate and effects, and he shall appear for and represent his ward in all legal suits and proceedings, unless where another person is appointed for that purpose, as guardian or next friend.

SEC. 24. [Management of estates.]-Every guardian shall manage the estate of his ward frugally and without waste, and apply the income and profit thereof, as far as may be necessary for the comfortable and suitable maintenance and support of the ward and his family, if there be any, and if such income and profits shall be insufficient for that purpose, the guardian may sell the real estate, upon obtaining a license therefor, as provided by law, and shall apply the proceeds of such sale, as far as may be necessary, for the maintenance and support of the ward, and his family, if there be any.

SEC. 25. [Partition.-The guardian may join in, and assent to a partition of the real estate of the ward, in the cases and in the manner provided by law, and he may also assign and set out dower in the said estate, to any widow entitled thereto.

SEC. 26. [Oath-Inventory of estate.]-Every guardian appointed by virtue of this chapter, shall, before entering upon his duties, take and subscribe an oath or affirmation before the probate judge that he will faithfully perform the duties of guardian to such ward, according to law and the best of his ability. Every such guardian shall, within three months after his appointment, make out and return under oath, into the probate court from which he received his appointment, a true and perfect inventory of all the property of his ward in this state which shall come to his knowledge or possession, and shall, within that time, cause the same to be appraised, in like manner as is required with respect to the estate of a deceased person; and every guardian shall, except as otherwise provided in this chapter, account for and dispose of the estate of his ward in like manner as is directed with respect to executors and administrators, as near as may be; and similar proceedings may be had to obtain such account or punish such guardian for contempt in not rendering the same. [Amended 1873, G. S. 400.j

SEC. 27. [Sale of wards property.-The courts of probate in their respective counties, on the application of a guardian, or of any person interested SEC. 24. Guardians may foreclose mortgage belonging to ward. 10 Neb. 123.

in the estate of any ward, after such notice to all persons interested therein as the court shall direct, may authorize or require the guardian to sell and transfer any stock in public funds, or in any bank or corporation, or any other personal estate or effects held by him as guardian, and to invest the proceeds of such sale, and also any other moneys in his hands, in real estate, or in any other manner that shall be most for the interest of all concerned therein, and the said court may make such further orders, and give such directions as the case may require, for managing, investing, and disposing of the estate and effects in the hands of the guardian. SEC. 28. [Removal of guardian.-When any guardian, appointed either by the testator or court of probate, shall become insane, or otherwise incapable of discharging his trust, or evidently unsuitable therefor, the court, after notice to such guardian and all others interested, may remove him; and every guardian may, upon his request, be allowed to resign his trust, when it shall appear to the court proper to allow the same; and upon every such resignation or removal, and upon the death of any guardian, the court may appoint another in his place.

SEC. 29. [Penalty for neglect.]-If any guardian, having the care and custody of such minor, shall neglect to well feed and clothe him or her, or in any way maltreat or abuse him or her, he shall, upon conviction thereof, be fined not exceeding one hundred dollars, or imprisoned in the county jail not exceeding sixty days, or both, at the discretion of the court.

SEC. 30. [Proceedings against guardian.]-Proceedings may be commenced by any one against such person who shall have such minor in charge, by filing an information under oath with the probate judge in the county where the guardian was appointed; and such judge shall, if any of the particulars mentioned in the preceding section appear to be proved by such information, issue his warrant requiring such guardian forthwith to be arrested and brought before him to answer such charge. [Amended 1873, G. S. 401.]

SEC. 31. [Same.]-Before being brought before the judge, upon such warrant, the party arrested shall have a reasonable opportunity of making a defense, and the plea of "not guilty" made by him, or entered by the court in case he refuse to plead, shall be the only plea necessary. If, upon the testimony adduced, it appears to the probate judge that the guardian is unfit for the trust, and that the condition of such minor would be ameliorated by the removal of such guardian, the judge shall remove him and appoint another in his place. [Id.]

SEC. 32. [Limitation of action.]-No action shall be maintained against the sureties in any bond given by the guardian, unless it be commenced within four years from the time when the guardian shall have been discharged; Provided, That if at the time of such discharge the person entitled to bring such action shall be out of the state, or under any legal disability to sue, the action may be commenced at any time within five years after the return of such person to the state, or before such disability shall be removed.

SEC. 33. [Embezzlement ]-Upon complaint made to the court by any guardian or by the ward, or by any creditor or other person interested in the estate, or by any person having any prospective interest therein, as heir or otherwise, against any person, as having concealed, embezzled or conveyed away any of the money, goods, or effects, or any instrument in writing belonging to the ward, the court may cite and examine such suspected person, and proceed with him as to such charge, in the same manner as is provided with respect to persons suspected of concealing or embezzling the effects of a deceased testator or intestate.

SEC. 34. [Non-resident minor.]-When any minor, or other person liable to be put under guardianship according to the provisions of this chapter, shall reside without this state, and shall have any real estate therein, any friend of such person, or any one interested in his estate, in expectancy or otherwise, may apply to the court of probate of any county in which there may be any estate of such absent person; and after notice given to all persons interested, in such manner as the court shall order, and after a full hearing and examination, if it shall appear to him proper, he may appoint a guardian for such absent person.

SEC. 35. [Same.]-Every guardian appointed according to the provisions of the preceding section, shall have the same powers, and perform the same duties, with respect to any estate of the ward that shall be found within this state, and also with respect to the person of the ward, if he shall come to reside therein, as are prescribed with respect to any other guardian appointed by virtue of this chapter.

SEC. 36. [Bond.]-Every such guardian shall give bond to the judge of probate, in like manner, and with like condition as is hereinbefore prescribed with respect to other guardians, excepting that the provisions respecting the inventory, the disposal of the estate and effects, and the account to be rendered by the guardian, shall be confined to such estate and effects as shall come to his hands in this state.

SEC. 37. [Priority of appointment.]—The guardianship which shall be first lawfully granted to any person residing without the state, shall extend to all the estate of the ward within the same, and shall exclude the jurisdiction of the probate court in every other county.

SEC. 38. [Compensation of guardian.]-Every guardian shall be allowed the amount of his reasonable expenses, incurred in the execution of his trust, and shall also have such compensation for his services as the court in which his accounts are settled, shall deem to be just and reasonable.

SEC. 39. [Joint guardians.]-When an account is rendered by two or more joint guardians, the court may in its discretion allow the same, upon the oath of any one of them.

SEC. 40. [Spendthrift.]-The word "spendthrift" in all its provisions relating to guardians and wards, contained in this or in any other statute, is intended to include every person who is liable to be put under guardianship, on account of excessive drinking, gaming, idleness, or debauchery.

CHAPTER 35.-HOME FOR THE FRIENDLESS.*

SECTION 1. [Establishment.]-That a home for the friendless shall be established in the state of Nebraska. [1881 § 1, chap. 52.]

SEC. 2. [Location.]—The location of said home shall be under the supervision of the board of public lands and buildings, and shall be located at the city or town which shall, after duly advertising for bids for its location, donate the larg est amount to said home.

SEC. 3. [Appropriation.]—The sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of the general fund of the treasury for the erection of said home.

SEC. 4. [Government.]-The government of said home shall be by and under the supervision of the society of home for the friendless; Provided, That nothing herein contained shall be so construed as to prevent the board of pubuc lands and buildings from establishing rules and regulations for the government of such home in any manner.

CHAPTER 36.-HOMESTEADS.†

SECTION 1. [Exemption.-A homestead not exceeding in value $2,000, consisting of the dwelling house in which the claimant resides, and its appurtenances and the land on which the same is situated, not exceeding 160 acres of land, to be selected by the owner thereof, and not in any incorporated city or vil

*NOTE.-"An act to establish a home for the friendless in the state of Nebraska, and to provide for the erection and location and government of the same." Approved Feb 23. Took effect June 1, 1881. Laws 1881, 247. +NOTE.-"An act to provide for the selection, and disposition of homesteads, and to exempt the same from jugment liens, and from attachment, levy, or sale, upor execution or other process Laws 1879, 57. Took effect Sept. 1, 1879. NOTE, Also, that the provisions of "An act making homesteads subject to execution or order of sale, in cases where the saine are mortgaged as security for the payment of money," [G S 403] are superseded by sec. 3 of above act. Decisions relative to homesteads prior to this act. 3 Neb. 176 4 Id. 496, 499. 5 d. 48. 1C Neb. 8. Homesteads on government lands. 2 Neb. 113. 3 Id. 461. 5 Id. 264, 267. 6 Id. 366. 7 Id. 185, 422. 10 Id. 324, 602.

lage or instead thereof at the option of the claimant, a quantity of contiguous land not exceeding two lots within any incorporated city or village, shall be exempt from judgment liens and from execution or forced sale, except as in this chapter provided. [1879, 57.]

SEC. 2. [From what property selected.]-If the claimant be married the homestead may be selected from the separate property of the husband, or with the consent of the wife from her separate property. When the claimant is not married but is the head of a family, within the meaning of section fifteen, the homestead may be selected from any of his or her property.

SEC. 3. [Subject to execution, when.]-The homestead is subject to execution or forced sale in satisfaction of judgments obtained: First, On debts secured by mechanics', laborers', or vendors' liens upon the premises. Second, On debts secured by mortgages upon the premises, executed and acknowledged by both husband and wife, or an unmarried claimant.

SEC. 4. [How conveyed.]-The homestead of a married person cannot be conveyed or incumbered unless the instrument by which it is conveyed or incumbered is executed and acknowledged by both husband and wife.

SEC. 5. [How selected.]-When an execution, for the enforcement of a judgment obtained in a case not within the classes enumerated in section 3, is levied upon the lands or tenements of a head of a family, such head of a family may notify the officer at the time of making the levy of what he regards as his homestead, with a description thereof, within the limits above prescribed, and the remainder alone shall be subject to such levy, except as otherwise provided in this chapter. The judgment creditor may thereupon apply to the district court in the county in which the homestead is situated, for the appointment of persons to appraise the value thereof.

SEC. 6. [Application for appraisal.]—The application must be made upon a verified petition showing: 1. The fact that an execution has been levied upon property which has been claimed as a homestead. 2. The name of the claimant. 3. That the value of the homestead exceeds the amount of the homestead exemption.

SEC. 7. [Petition.]-The petition must be filed with the clerk of the district court and a copy thereof, with notice of the time and place of hearing, be served upon the claimant at least ten days before the hearing.

SEC. 8. [Appraisement,]-At the hearing, the court, upon proof of the service of such petition and notice, and of the facts stated in the petition, shall appoint three disinterested residents of the county to appraise the value of the homestead, who must take an oath to impartially appraise the same. They must view the premises, and appraise the value thereof, and if the appraised value exceeds the homestead exemption, they must determine whether the land claimed can be divided without material injury.

SEC. 9. [Report.]-Within ten days, or less, if the court so order, from the time of their appointment, they must make to the court a report in writing, showing the appraised value, and their determination upon the matter of a division of the land claimed.

SEC. 10. [Homestead set off.]-If from the report it appears that the land claimed can be divided without material injury, the court shall, by an order, direct the appraisers to set off to the claimant so much of the land, including the residence, not exceeding the quantity prescribed in section one of this chapter, as will amount in value to the homestead exemption, and the execution may be enforced against the remainder of the land.

SEC. 11. [Sale.]-If from the report it appears to the court that the land claimed exceeds in value the amount of the homestead exemption, and that it cannot be divided, he must make an order directing its sale under the execution; but at such sale no bid must be received unless it exceeds the amount of the homestead exemption.

SEC. 12. [Proceeds of sale.]—If the sale is made, the proceeds thereof, to