SEC. 2. Effect of such disposition:

position.

Every such disposition shall be good and effectual against Effet of such disany person claiming the custody and tuition of such child or children.

SEC. 3. Guardians by deed or will; their powers and liabilities:

Guardians by will,

power and abili

Every guardian by deed or will shall have the same powers and rights, and be subject to the same liabilities and ties. regulations as other guardians.

SEC. 4. Powers of Courts of Probate :

of Probate.

The Courts of Probate, within their respective Counties, Powers of Courts shall have full power, from time to time, to take cognizance of all matters concerning orphans and their estates and to appoint guardians in all cases, except where otherwise prescribed by law.

SEC. 5. Tutor of the person and guardian of the estate :

Instead of granting general guardianship to one person, the Court of Probate may commit the tuition and custody of the orphan to one and the charge of his estate to another, whenever, and at any time during minority, it appears most conducive to the proper care of the orphan's estate and his suitable nurture and education to do so.

SEC. 6. Yearly sums for support and education:

support and educa

In such cases the Court must order what yearly sums of Yearly sums for money or other provisions shall be allowed for the support tion. and education of the orphan, and must prescribe the time and manner of paying the same; but such allowance may, upon application and satisfactory proof made, be reduced or enlarged, or otherwise modified, as the orphan's condition in life and the kind and value of his estate may require.

Disbursements and commissions.

Divorce.

Guardian in case divorce.

Guardian, when father Lving.

SEC. 7. Disbursements and commissions:

All payments made by the guardian of the estate to the tutor of the person, according to any such order, shall be deemed just disbursements and be allowed in the settlement of his accounts; but for the payment thereof by the one, and the receipt thereof by the other merely, no commissions shall be allowed to either, though commissions may be allowed to the tutor of the person on his disbursements only.

SEC. 8. In cases of divorce:

When parents, divorced from the bonds of matrimony, or from bed and board, have any child under twenty-one years, the Court granting the divorce may commit his custody and tuition to the father or mother as may be thought best; or the Court may commit the custody and tuition of such infant child, in the first place, to one parent for a limited time, and after the expiration of that time, then to the other parent; and so alternately.

SEC. 9. Guardian of the estate in cases of divorce:

In cases provided for by the last section, where such child is entitled to any estate, the Court granting the divorce must certify that fact to the Court of Probate, to the end that the Judge thereof may appoint a fit and proper person to take the care and management of such estate, whose powers and duties shall be the same in all respects as other guardians, except that a guardian so appointed shall not have any authority over the person of such child, unless the guardian be the father or mother.

SEC. 10. Guardian of the estate where the father is alive :

The Courts of Probate may appoint a guardian of the estate of any minor, although the father of such minor be living. And the guardian so appointed shall be governed in all respects by the laws relative to guardians of the

estate in other cases, but shall have no authority over the person of such minor.

SEC. 11. Bond:

Every guardian of the estate, before letters of appoint- Bond. ment are issued to him, must give a bond payable to the State, with two or more sufficient sureties, to be acknowledged before and approved by the Probate Judge, and to be jointly and severally bound. The penalty in such bond must be double, at least, the value of all property, real and personal, of the infant; which value is to be ascertained by the Probate Judge by the examination, on oath of the applicant for guardianship, or of any other person. The bond must be conditioned that such guardian shall faithfully execute the trust reposed in him as such, and obey all lawful orders of the Probate or other Court, touching the guardianship of the estate committed to him.

SEC. 12. Action on bond:

The bond so taken shall be recorded in the Court of Pro- Action on bond. bate; and any person injured by a breach of the condition thereof, may prosecute a suit thereon, as in other actions. under the Code of Civil Procedure.

SEC. 13. When wards have property in common; one bond:

When the same person is appointed guardian to two or more minors, possessed of one estate in common, the Probate Court may take one bond only in such case, upon which each of the minors may have a separate action.

SEC. 14. Return within three months :

Property in com

mon.

Every guardian, within three months after his appoint- Return. ment, shall exhibit an account, upon oath, of the estate of his ward, as prescribed in title nineteen, chapter eleven, section four hundred and seventy-seven of the Code of Civil Procedure.

SEC. 15. Compelling return :

In cases of default to exhibit the return required by the last section, the Judge of Probate must issue an order requiring the guardian to file such return forthwith, or to show cause why an attachment should not issue against him. If, after due service of the order, the guardian does not, on the return day of the order, file such return, or obtain further time to file the same, the Judge of Probate shall issue an attachment against him, and commit him to the common jail of the County, till he files such return. (Revised Code, section twelve, chapter fifty-four.)

SEC. 16. New assets:

Whenever further property of any kind, not included in any previous return, comes to the hands or knowledge of any guardian, he must cause the same to be returned as directed in section fourteen, within three months after the possession or discovery thereof; and the making of such return of new assets, from time to time, may be enforced in the same manner as prescribed in the last section.

SEC. 17. Annual account:

Every guardian shall annually exhibit his account in the Court of Probate as prescribed in title nineteen, chapter eleven, section four hundred and seventy-eight of the Code of Civil Procedure, under the penalty enjoined in section four hundred and seventy-nine.

SEC. 18. Renewal of bond:

Every guardian shall renew his bond in the Court of Probate every three years, during the continuance of the guardianship.

SEC. 19. Guardian failing to renew:

The Judge of Probate shall issue a citation against every guardian failing to renew his bond, as directed in the last section, requiring such guardian to renew his bond within

twenty days after service of the citation; and on return of the citation duly served, and failure of the guardian to comply therewith the Court of Probate shall remove him and appoint a successor.

SEC. 20. Power and duty of Probate Courts over guardians abusing their trusts :

Probate Courts.

The Courts of Probate shall have power, on information Power and duty of or complaint made, at all times to remove guardians and appoint successors, to make and establish rules for the better ordering, managing and securing infant's estates, and for the better education and maintenance of wards; and it shall be their duty to do so in the following cases:

1. Where the guardian wastes or converts the money or estate of the ward to his own use.

2. Where the guardian in any manner mismanages the

estate.

3. Where the guardian is about or intends to marry any ward in disparagement.

4. Where the guardian neglects to educate or maintain the ward in a manner suitable to his or her degree.

5. Where the guardian is legally disqualified to act under section four hundred and fifty-seven, Code of Civil Procedure.

6. Where the guardian or his sureties are likely to become insolvent or non-residents of the State.

SEC. 21. Action to be brought by Solicitor, when :

Whenever any guardian is removed, and no person is Action to be appointed to succeed in the guardianship, the Judge of brought by Solicitar Probate shall certify the name of such guardian and his

sureties to the Solicito of the Judicial District, who shall

forthwith institute an action on the bond of the guardian in the Superior Court, for securing the estate of the ward.

SEC. 22. Receiver to be appointed:

pointed.

The Judge of the Superior Court, before whom such Receiver to be apaction is brought, shall have power to appoint some discreet