and oath. like manner and on like proceedings as letters of ad- His bond ministration are issued to other persons. His official bond and oath are in lieu of the administrator's bond and oath; but when real estate is ordered to be sold, another bond may be required by the Court. persons in dies. 1728. (§ 304.) Whenever a stranger, or person Duty of without known heirs, dies intestate in the house or whose house any premises of another, the possessor of such premises, or stranger any one knowing the facts, must give immediate notice thereof to the Public Administrator of the county; and in default of so doing, he is liable for any damage that may be sustained thereby, to be recovered by the Public Administrator, or any party interested. return and estates 1729. (§ 305.) The Public Administrator must Must make and return a perfect inventory of all estates inventory taken into his possession, administer and account for administer the same, according to the provisions of this Title, this subject to the control and direction of the Probate Title. Court. according to another appointed adminis executor, trator or 1730. (§ 306.) If, at any time, letters testament- When ary or of administration are regularly granted to any person is other person on an estate of which the Public Administrator has charge, he must, under the order of the Probate Court, account for, pay, and deliver to the executor or administrator thus appointed, all the money, property, papers, and estate of every kind in his possession or under his control. Public trator to the estate. deliver up Civil give notice i officers to of waste to Public 1731. (§ 307.) All civil officers must inform the Public Administrator of all property known to them, belonging to a decedent, which is liable to loss, injury, or waste, and which, by reason thereof, ought to be in istrator. the possession of the Public Administrator. 1732. (§ 308.) The Public Administrator must Suits for institute all suits and prosecutions necessary to recover decedents. property of Order to examine party charged with embezzling estate. Punishment for refusing to attend. Order on! to account. the property, debts, papers, or other estate of the decedent. 1733. (§ 309.) When the Public Administrator complains to the Probate Judge, on oath, that any person has concealed, embezzled, or disposed of, or has in his possession, any money, goods, property, or effects, to the possession of which such administrator is entitled in his official capacity, the Judge may cite such person to appear before the Probate Court, and may examine him on oath touching the matter of such complaint. 1734. (§ 310.) All such interrogatories and answers must be reduced to writing and signed by the party examined, and filed in the Probate Court. If the person so cited refuses to appear and submit to such an examination, or to answer such interrogatories as may be put to him touching the matter of such complaint, the Court may commit him to the County Jail, there to remain in close custody until he submits to the order of the Court. 1735. (§ 311.) The Probate Court may at any ministrator time order the Public Administrator to account for and deliver all the money and property of an estate in his hands to the heirs, or to the executors or administrators regularly appointed. Every six months to make and publish return of condition of estate. 1736. (§ 312.) The Public Administrator must, once in every six months, make to the Probate Judge, under oath, a return of all estates of decedents which have come into his hands, the value of the same, the money which has come into his hands from such estate, and what he has done with it, and the amount of his fees and expenses incurred, and the balance, if any, remaining in his hands; publish the same six times in some newspaper in the county, or if there is none, then post the same, legibly written or printed, in the office of the County Clerk of the county. When there are no heirs or claimants, and effects moneys paid to 1737. After a final settlement of the affairs of any estate, if there be no heirs or other claimants thereof, the Public Administrator must pay over to the County Treasury, to be paid into the State Treasury, all mon- County eys and effects in his hands belonging to the estate, etc." and if any such moneys and effects escheat to the State, they must be disposed of as other escheated estates. Treasurer, interested payments for or on the estates account of 1738. (§ 302.) The Public Administrator must Not to be not be interested in the expenditures of any kind in the made on account of any estate he administers; nor must he be associated, in business or otherwise, with any one who is so interested, and he must attach to his report and publication, made in accordance with the preceding section, his affidavit to that effect. in his hands. When to settle with Clerk, and how unclaimed estate sed of. 1739. (§ 302.) Public Administrators are required to account under oath, and to settle and adjust their County accounts, relating to the care and disbursement of money or property belonging to estates in their hands, with the County Clerks of their respective counties, on the first Monday in each month; and they must pay to the County Treasurer any money remaining in their hands of an estate unclaimed, as provided in Sections 1693 to 1696, both inclusive. ings, how whom 1740. When it appears, from the returns made in Proceedpursuance of the foregoing sections, that any money and by remains in the hands of the Public Administrator (after instituted a final settlement of the estate) unclaimed, which should against Public Ad ministrator failing to pay over money as be paid over to the County Treasurer, the Probate Judge must order the same to be paid over to the ordered. County Treasurer; and, on failure of the Public Administrator to comply with the order within ten days after the same is made, the District Attorney for the county Fees of officers, when and by whom paid. Public trator to Preceding to Public Admin must immediately institute the requisite legal proceedings against the Public Administrator, for a judgment against him and the sureties on his official bond in the amount of money so withheld, and costs. 1741. (§ 305.) The fees of all officers chargeable to estates in the hands of Public Administrators must be paid out of the assets thereof, so soon as the same come into his hands. 1742. (§ 305.) Public Administrators may administer oaths in regard to all matters touching the dis charge of their duties, or the administration of estates in their hands. 1743. When no direction is given in this Chapter applicable for the government or guidance of a Public Administrator in the discharge of his duties, or for the administration of an estate in his hands, the provisions of the preceding Chapters of this Title must govern. istrator. Sections in parentheses-thus, (2 303)-are the sections as given in Hittell, of the Act of 1851. CHAPTER XIV. OF GUARDIAN AND WARD. ARTICLE I. GUARDIANS OF MINORS. II. GUARDIANS OF INSANE AND INCOMPETENT PERSONS. III. THE POWERS AND DUTIES OF GUARDIANS. IV. THE SALE OF PROPERTY AND DISPOSITION OF PRO CEEDS. V. NON-RESIDENT GUARDIANS AND WARDS. VI. GENERAL AND MISCELLANEOUS PROVISIONS. ARTICLE I. GUARDIANS OF MINORS. SECTION 1747. Probate Judge to appoint guardians, when, and on what petition. 1748. When minor may nominate guardian; when not. 1749. When appointment may be made by Judge, when 1750. Nomination by minors after arriving at fourteen. 1752. Minor having no father or mother. 1753. Powers and duties of guardian. 1754. Bond of guardian, conditions of. 1755. Probate Judge may insert conditions in order appoint ing guardian. 1756. Letters of guardianship and bond of guardian to be recorded. 1757. Maintenance of minor out of income of his own prop erty. 1758. Guardian to give bond. Powers limited. 1759. Power of Courts to appoint guardians and next friend not impaired. Judge to guardians, when, and on what petition. 1747. (§§ 1, 336.) The Probate Judge of each Probate county, when it appears necessary or convenient, may appoint appoint guardians for the persons and estates, or either of them, of minors who have no guardian legally appointed by will, and who are inhabitants or residents of the county, or who reside without the State and have estate within the county. Such appointment may be made on the petition of a relative or other person, in behalf of such minor. Before making the appointment, the Judge must cause such notice as he deems reasonable to be given to the relatives of the minor residing in the county, and to any person under whose care such minor may be, as he deems reasonable. minor may 1748. (§§ 2, 337.) If the minor is under the age When of fourteen years, the Probate Judge may nominate nominate and appoint his guardian. If he is above the age of when not. guardian; |