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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

109 C. 643, 649, 42 P. 428 (referred to); 119 C. 599, 601, 51 P.
962 (applied); 142 C. 423, 426, 76 P. 37; 143 C. 402, 403, 77 P. 156
(cited).

§205. REMEDY WHEN A PARENT DIES WITHOUT
PROVIDING FOR THE SUPPORT OF HIS CHILD. If a

parent chargeable with the support of a child dies, [1] leav-
ing it chargeable to the county, and [2] leaving an estate
sufficient for its support, the supervisors of the county may
claim provision for its support from the parent's estate by
civil action, and for this purpose may have the same remedies
as any creditors against that estate, and against the heirs,
devisees, and next of kin of the parent.

History: Enacted March 21, 1872.

109 C. 643, 649, 42 P. 428 (referred to).

Maintenance of minors out of income of his own property. — -
See 1 Church's New Probate Law and Practice, 115.

Property set apart for support of family, how apportioned
between widow and children. — See 1 Church's New Probate Law
and Practice, 557.

Right and title of children to antemortem homestead. — See 1
Church's New Probate Law and Practice, 608.

Right of cliildren in estate less than $1500 in value. — See 1
Church's New Probate Law and Practice, 585.

Right of minor child to probate homestead. — See 1 Church's
New Probate Law and Practice, 633.

When all property other than homestead goes to children. —
See 1 Church's New Probate Law and Practice, 563.

§206. RECIPROCAL DUTIES OF PARENTS AND CHIL-
DREN IN MAINTAINING EACH OTHER. It is the duty of
the [1] father, the [2] mother, and the [8] children of any
poor person who is unable to maintain himself by work, to

maintain such person to the extent of their ability. The
promise of an adult child to pay for necessaries previously
furnished to such parent is binding.

History: Enacted March 21, 1872.
106



Tit.II,ch.I.] nf:cessaries and support. §§ 207-209

See Kerr's Cyc. C. C. for 3 pars, annotation.

124 C. 48, 54, 55, 71 A. S. 17, 56 P. 630, 631, 57 P. 81 (construed
and applied); 149 C. 140, 142, 84 P. 838, 117 A. S. 125, 4 L. N. S.
1159, 9 A. C. 1018 (referred to as a meager provision); 150 C. 667,
669, 670 (inadequacy of section in providing procedure or ma-
chinery for enforcing its provisions alluded to) 671, 672, 673,
89 P. 1083 (construed and applied, holding that duty and right
established by section may be enforced by an action in equity).

To mother — Out of allowance of child's estate — Past sup-
port. — See Kerr's Cyc. C. C. § 201 and notes.

§ 207. ^VHEN A PARE>T IS LIABLE FOR NECESSARIES
SUPPLIED TO A CHILD. If a parent neglects to provide
articles necessary for his child who is under his charge,
according to his circumstances, a third person maj' in good
faith supply such necessaries, and recover the reasonable
value thereof from the parent.

HiMtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.

109 C. 643, 649. 42 P. 428 (referred to); 145 C. 713, 716, 717,
79 P. 425 (construed with otlier sections).

Liability of infant for necessaries furnished, when. — See
Kerr's Cyc. C. C. § 36 and note.

Same — Furnished for purpose of business. — See Kerr's Cyc.
C. C. § 36 note pars. 32, 3C.

§208. >VHE\ A PA HEM" LS NOT LIABLE FOR SUPPORT
FURMSIIED HIS CHIl-D. A parent is not bound to com-
pensate [1] the other parent, or [2] a relative, for the volun-
tary supi)ort of his child, without an agreement for com-
pensation, nor [3] (d compensate a stranger for the support
of a child who has abandoned the parent without just cause.
HlNtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 jiars. annnt.ition.

125 C. 65, 72, 57 P. 677 (applied).

§209. HUSBAND NOT BOT >D FOI{ THE SUPP4HJT OF
HIS >VIFi:'S ( HII.DBKN BY A FORMER MAHHUV^K. A

husband is not l)OUud to maintain his wife's children by a
former husband; but if he receives them into his family and

107



§§ 210-213 CIVIL CODE. [Div.I,Pt.III.

supports them, it is presumed that he does so as a parent,
and, where such is the case, they are not liable to him for
their support, nor he to them for their services.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

74 C. 320, 321, 322, 16 P. 5, 6 (applied); 125 C. 65, 70, 57 P.
677 (applied).

§210. COMPENSATION AND SUPPORT OF ADULT
CHILD. Where a child, after attaining majority, continues
to serve and to be supported by the parent, neither party is
entitled to compensation, in the absence of an agreement
therefor.

History: Enacted March 21, 1872.

§21L PARENT MAY RELINQUISH SERVICES AND
CUSTODY OF CHILD. The parent, whether solvent or insol-
vent, may relinquish to the child the right of controlling
him and receiving his earnings. Abandonment by the parent

is presumptive evidence of such relinquishment.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.
115 C. 143, 151, 44 P. 336, 46 P. 922 (referred to).

§ 212. WAGES OF MINOR. The wages of a minor employed
in service may be paid to him, until the parent or guardian
entitled thereto gives the employer notice that he claims
such wages.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 194.

3 C. A. 286, 290, 85 P. 130, 132 (applied).

§ 213. RIGHT OF PARENT TO DETERMINE THE RESI-
DENCE OF CHILD. A parent entitled to the custody of a
child has a right to change his residence, subject to the
power of the proper court to restrain a removal which would
prejudice the rights or welfare of the child.

History: Enacted March 21, 1872.
108



Tit.II,ch.I.] CUSTODY BY WIFE. §§ 214, 215

Residence of children — Fatlier may determine what shall be. —
92 C. 653, 655, 28 P. 787. See also Kerr's Cyc. C. C. §156 and
note.

§214. WIFE m CERTAIN CASES MAY OBTAIN CUS-
TODY OF MINOR CHILDREN. When a husband and wife
live in a state of separation, without being divorced, any
court of competent jurisdiction, upon application of either,
if an inhabitant of this state, may inquire into the custody
of any unmarried minor child of the marriage, and may award
the custody of such child to either, for such time and under
such regulations as the case may require. The decision of
the court must be guided by the rules prescribed in section
two hundred and forty-six.

HLstory: Enacted March 21, 1872.

Action for control without prayer for divorce. — See Kerr's
Cyc. C. C. § 199 and note.

Custody pending divorce proceedings. — See Kerr's Cyc. C. C.
§§ 138, 139 and notes.

§2ir,. WHEN CHILI) BEC03IES LEGITIMATE. A child
born before wedlock becomes legitimate by the subsequent
marriage of its parents.

History: Enacted March 30, 1874, Code Amdts. 1873-4, p. 195.

See Kerr's Cyc. C. C. for 4 pars, annotation.
57 C. 484, 491 (construed and applied); 96 C. 532, 563, 570, 572,
31 P. 915, 917, 919, 920, 921, 19 L. 40 (applied).
Acknowledgment of child. — See 27 Encyc. L. 350.



109



§§ 221, 222 CIVIL CODE. [Div.I,Pt.III.

CHAPTER II.

ADOPTION.

§ 221. Child may be adopted.

§ 222. Who may adopt.

§ 223. Consent to adoption [by wife].

§ 224. Adoption of cliildren; consent necessary. Orphans and

abandoned children.

§ 225. Consent of child.

§ 226. Proceedings on adoption.

§ 227. Judge's order in adoption proceedings.

§ 228. Effect of adoption.

§ 229. Effect on former relations of child.

§ 230. Adoption of illegitimate child.

§ 221. CHILD MAT BE ADOPTED. Any minor child may
be adopted by any adult person, in the cases and subject to
the rules prescribed in this chapter.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

75 C. 379, 381, 17 P. 434, 436 (applied); 81 C. 408, 441, 446, 21
P. 976, 979, 980, 22 P. 742, 1028, 6 L. 594 (cited and applied —
compared with statutes of 1869-70), 446 (construed); 102 C.
70, 79, 41 A. S. 163, 36 P. 407 (construed).

Adoption of children — As to generally, see 1 Cent. Dig. col.
1952, §1-6; 1 Church's New Probate Law and Practice, 21; 10
Encyc. P. 845-850.

Same — By deed or agreement. — See 1 Cent. Dig. col. 1956,
§§ 11-14; 1 Decen. Dig. p. 402, § 8.

Same — By judicial proceedings. — See 1 Cent. Dig. col. 1959,
§§15-26.

Same — Persons who may be adopted. — See 1 Decen. Dig. p.
399, § 5.

Same — Review and revocation of. — See 1 Decen. Dig. p. 1963,
■§§ 27, 28.

Agreement to adopt. — See 1 Decen. Dig. p. 400, § 6.

§ 222. WHO MAY ADOPT. The person adopting the child
must be at least ten years older than the person adopted.

Hi-story: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 195.

110



J



h



Tit.II.Ch.II.] ADOPTION— CONSENT. §§ 223, 224

See Kerr's Cyc. C. C. for 5 pars, annotation.

81 C. 408, 441, 446, 21 P. 976, 22 P. 742, 1028, 6 L. 594 (cited
and applied); 98 C. 531, 537, 33 P. 460, 21 L. 380 (referred to
with other sections).

Persons who may adopt. — See 1 Decen. Dig. p. 399, § 4.

§ 223. CONSENT TO ADOPTION [BY WIFE]. A married
man, not lawfully separated from his wife, cannot adopt a
child without the consent of his wife, nor can a married
woman, not thus separated from her husband, without his
consent, provided the husband or wife, not consenting, is
capable of giving such consent.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 195.

81 C. 408, 441, 446, 21 P. 976, 22 P. 742, 1028, 6 L. 594 (cited
and applied); 98 C. 531, 536-537, 33 P. 460, 21 L. 380 (construed);
102 C. 70, 79, 41 A. S. 163, 36 P. 407 (construed).

Consent of parties. — See 1 Cent. Dig. col. 1954, §§ 7-10; 1
Decen. Dig. p. 401, § 7.

§224. ADOPTION OF CIIILDKEN; CONSENT NECES-
SAKY. OKPHANS AND ABANDONED CHILDREN. A legiti-
mate child cannot be adopted without the consent of its
parents, if living; nor an illegitimate child without the con-
sent of its mother, if living; except, that consent is not neces-
sary from a father or mother [1] deprived of civil rights, or
[2] adjudged guilty of adultery, or [3] cruelty, and for either
cause divorced, or [4] adjudged to be habitually intemperate
in the use of intoxicants, or [5] who has been judicially
deprived of the custody of the child on account of [a] cruelty
or [b] neglect.

[Abandoned children, consent not necessary.] Neither is
consent of any parent necessary in case of any abandoned
child; provided, however, that any such child, being a half-
orphan, and kept and maintained in any orphan asylum in
this state for more than two years, may be adopted, with the
consent of the manager of such orphan's home without the
consent of the parent unless such parent has paid toward
the expenses of maintenance of such half-orphan at least a
reasonable sum during the said time, if able to do so.

Ill



§§ 225, 226 CIVIL CODE. [Div.I.Pt.ITI.

[Deserted child.] Any child [1] deserted by both parents
or [2] left in the care and custody of another by its parent
or parents, [a] without any agreement or provision for its
support, [b] for the period of one year, is deemed to be an
abandoned child within the meaning of this section and
where the parent is a non-resident of this state such child
may be adopted with the consent of the managers of such
home whenever it has been left in such home for more than
one year; or any abandoned child, within the meaning of this
section, if left in the care and custody of another person
for one year or more, may, with the consent of the district
attorney of the county wherein the person applying to adopt
such child is a resident, be adopted by such person.

History: Enacted March 21, 1872; amended March 2, 1891,
Stats, and Amdts. 1891, p. 24; March 9, 1893, Stats, and Amdts.
1893, p. 112; March 9, 1895, Stats, and Amdts. 1895, p. 39;
amended by Code Commission, Act March 16, 1901, Stats, and
Amdts. 1900-1, p. 339, held unconstitutional; see history, § 4
ante; amended March 10, 1903, Stats, and Amdts. 1903, p. 114;
amended March 16, 1907, Stats, and Amdts. 1907, p. 331, Kerr's
Stats, aftd Amdts. 1906-7, p. 400.

See Kerr's Cyc. C. C. for 3 pars, annotation.

57 C. 484, 491 (construed); 81 C. 408, 441, 446, 21 P. 976, 22
P. 742, 1028, 6 L. 594 (cited and applied); 98 C. 531, 536-537, 33
P. 460, 21 L. 380 (referred to with other sections); 102 C. 70, 8l,
41 A. S. 163, 36 P. 407 (construed); 106 C. 377 (applied), 379
(referred to with §381), 39 P. 779.

§225. CONSENT OF CHILD. The consent of a child, if
over the age of twelve years, is necessary to its adoption.
History: Enacted March 21, 1872.

81 C. 408, 441, 446, 21 P. 976, 22 P. 742, 1028, 6 L. 594 (cited
and applied); 98 C. 531, 537, 33 P. 460, 21 L. 380 (referred to
witli other sections).

§ 226. PROCEEDINGS ON ADOPTION. Any person desir-
ing to adopt a child may, for that purpose, petition the supe-
rior court of the county in which the petitioner resides. The
[1] person adopting a child, and [2] the child adopted, and
[3] the other persons, if within or residents of said county,

112



Illf Tit.TT.ch.TT.] PROCEEDINGS — ORDER. §227

whose consent is necessary, must appear before the eonrt,
and [4] the necessary consent must thereupon be signed and
[5] an agreement executed by the person adopting, to the
effect that the child shall be adopted and treated in all
respects as his own lawful child should be treated. If the
persons whose consent is necessary are not within or are
not residents of said county, then [6] their written consent,
duly proved or acknowledged, according to sections eleven
hundred and eighty-two and eleven hundred and eightj'-three
[7] must be filed in said superior court at the time of the
application for adoption.

History: Enacted March 21, 1S72; amended Feb. 9, 1876, Code
Anidts. 1875-6, p. 70; April 6, 1880, Code Amdts. 1880 (C. C. pt.), p.
4; amended by Code Commission, Act March 16, 1901, Stats, and
Amdts. 1900-1, p. 339, held unconstitutional; see history, § 4 ante;
re-enacted March 21, 1905, Stats, and Amdts. 1905, p. 555;
amended March 16, 1907, Stats, and Amdts. 1907, p. 329, Kerr's
Stats, and Amdts. 1906-7, p. 401. In effect immediately.

See Kerr's Cyc. C. C. for 13 pars, annotation.

81 C. 408. 441, 446, 21 P. 976, 22 P. 742, 1028, 6 L. 594 (cited
and applied); 87 C. 638, 640, 25 P. 967 (construed); 96 C. 532,
567, 31 P. 915, 19 L. 40 (referred to in discussion); 98 C. 531
(cited), 537 (referred to with other sections dis. op.), 547 (con-
strued dis. op.), 552, 33 P. 460, 21 L. 380; 102 C. 70, 77, 41 A.
S. 163, 36 P. 407 (construed).

Collateral attack on proceedings of. — See 10 Eilcyc. P. 850.

Evidence on adoption. — See 1 Decen. Dig. p. 406, § 17.

Hearing and determination of application. — See 10 Encyc. P.
848; 1 Decen. Dig. p. 403, § 13.

Jurisdiction — Proceedings to conform to statute. — See 10
Encyc. P, 846; 1 Decen. Dig. p. 402, § 10.

Nature of proceedings. — See 1 Decen. Dig. p. 398, § 1.

Notice of proceedings. — See 10 Encyc. P. S48; 1 Decen. Dig. p.
403, § 12.

Order or decree on. — See 1 Decen. Dig. p. 404, § 14.

Petition for. — See 10 Encyc. P. 487; 1 Decen. Dig. p. 403, § 11.

Review and revocation. — See 10 Encyc. P. SI9; 1 Decen. Dig.
p. 405, §§ 15, 16.

§227. JUDGE'S OKDER I> .VDOPTION rUOCEEDIXGS.

The court must [1] examine all persons appearing before it
pursuant to the last section, each separately, and if satisfied
that the interests of the child will be promoted by the adop-

113



§ 228 CIVIL CODE. [Div.I,Pt.III.

tion, it must [2] make an order declaring that tlie child shall
thenceforth be regarded and treated in all respects as the
child of the person adopting. The petition, agreement, con-
sent, and order must be filed and registered in the office of
the county clerk in the same manner as papers in other
special proceedings.

History: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 340, held
unconstitutional; see history, § 4 ante; re-enacted March 21,
1905, Stats, and Amdts. 1905, p. 556.

See Kerr's Cyc. C. C. for 19 pars, annotation.

57 C. 484, 491 (cited and discussed); 75 C. 213, 218-219, 7 A.
S. 146, 16 P. 887, 888 (construed); 81 C. 408, 441, 446, 21 P. 976,
22 P. 742, 1028, 6 L. 594 (cited and applied); 98 C. 531, 536 (con-
strued with other sections), 537, 538, 547 (construed dis. op.),
33 P. 460, 21 L. 380 (construed); 102 C. 70, 77, 80, 41 A. S. 163,
36 P. 407 (construed and applied); 106 C. 562, 564, 565, 566,
39 P. 860 (construed); 131 C. 469, 470, 471, 82 A. S. 371, 63 P. 736
(construed and applied); 140 C. 468, 469, 74 P. 10 (referred to);
141 C. 403, 406, 99 A. S. 80, 74 P. 1039 (construed and applied).

' § 228. EFFECT OF ADOPTION. A child, when adopted,
may take the family name of the person adopting. After
adoption, the two shall sustain towards each other the legal
relation of parent and child, and have all the rights and be
subject to all the duties of that relation.

Hi-story: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 195.

See Kerr's Cyc. C. C. for 8 pars, annotation.

57 C. 484, 491 (construed); 75 C. 213, 219, 7 A. S. 146, 16 P.
887, 888 (construed); 81 C. 408, 441, 446, 21 P. 976, 22 P. 742,
1028, 6 L. 594 (cited and applied); 106 C. 377, 379, 380, 39 P. 779
(construed); 131 C. 180, 182, 63 P. 345 (construed); 140 C. 468,
469, 74 P. 10 (referred to).

As to effect of adoption, see Kerr's Cyc. C. C. § 193 and note.

Adopted children, right to inherit. — See 118 A. S. 684.

Adoption of children, effect on kindred of tlie person adopt-
ing-. — See 109 A. S. 674.

Effect of adoption of children on property rights of sur-
viving spouse. — See 1 Cent. Dig. col. 1974, §§43, 44; 1 Decen.
Dig. p. 409, § 24.

Inheritance by adopted children. — See 1 Decen. Dig. col. 1966,
§§35-40; 1 Decen. Dig. p. 407, §21.

114



mi Titll.ch.II.] ILLEGITIMATE CHILD. §§229,230

Inheritance from or through adopted children. — See 1 Cent.
Dig. col. 1972, §§41, 42; 1 Decen. Dig. p. 409, §22.

Rights, duties and liabilities created by adoption. — See 1
Cent. Dig. col. 1964, §§ 29-44.

Status after adoption. — See 1 Decen. Dig. p. 406, § 18.

§229. EFFECT ON FORMER RELATIONS OF CHILD.

The parents of an adopted child are, from the time of the
adoption, relieved of all parental duties towards, and all
responsibility for, the child so adopted, and have no right
over it.

History: Enacted March 21, 1872.

81 C. 408, 441, 446, 21 P. 976, 22 P. 742, 1028, 6 L. 594 (cited
and applied); 106 C. 377, 378, 379, 39 P. 779 (quoted in discussion
declaring status changed by adoption proceedings).

§ 230. ADOPTION OF ILLEGITIMATE CHILD. The father
of an illegitimate child, by [1] publicly acknowledging it as
his own, [2] receiving its as such, [3] with the consent of his
wife, if he is married, [4] into his family, and [5] otherwise
treating it as if it were a legitimate child, thereby adopts it
as siicli; and such child is thereupon deemed for all purposes
legitimate from the time of its birth. The foregoing provi-
sions of this chapter do not apply to such an adoption.
HlNtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 37 pars, annotation.

52 C. 84, 85, 86, 87 (construed); 56 C. 413, 416, 419 (referred
to); 57 C. 484, 491. 492 (construed); 75 C. 379. 381, 382, 17 P.
434. 436 (applied); 81 C. 408, 421. 422. 432, 434. 441. 442. 443,
444, 445. 446, 447. 457. 458, 21 P. 976. 22 P. 742, 6 L. 594 (con-
strued and applied); 96 C. 532, 557, 558, 559, 560. 572. 573, 576.
582. 591. 592. 594. 595. 31 P. 915. 19 L. 40 (construed and applied);
64 P. 1076 (construed); 102 C. 254. 262, 36 P. 522 (referred to);
127 C. 431, 434, 59 P. 787 same case on writ of error, ISO U. S.
333. 335. 336. 45 L. ed. 557. 558. 559 (referred to with other sec-
tions); 64 P. 1076 (applied); 135 C. 385. 386 (cited in discussion),
388 (admissible to prove legitimation), 67 P. 321; 136 C. 394.
395. 396. 68 P. 1026 (defining family); 137 C. 298, 299. 300. 92
A. S. 175. 70 P. 91 (referred to with other sections); 73 P. 186
(construed and applied); 142 C. 158. 160 (cited), 168, 169 (con-
strued, and former decisions reviewed and reconciled). 170. 171.
172 (dis. op.), 75 P. 790; 180 U. S. 333. 335. 336. 45 L. ed. 557.
558. 559, same case below, 127 C. 431, 434. 59 P. 787 (referred
to with other sections).

115



§ 236 CIVIL CODE. [Div.I,Pt.III.

TITLE III.

GUARDIAN AND WARD.

[Under this head the Code Commissioners placed not only the
provisions relating to the guardianship of the person and estate
of minors, but also those relating to the custody and care of
the person and property of persons of unsound mind. "Com-
mittee" of a lunatic is termed "guardian."]
§ 236. Guardian, what.
§ 237. Ward, what.
§ 238. Kinds of guardians.
§ 239. General guardian, what.
§ 240. Special guardian, what.
§ 241. Guardian appointment by will, etc.
§ 242. No person guardian of estate without appointment

[repealed].
§ 243. Appointment of guardian by court [repealed].
§ 244. Rules for awarding custody [repealed].
§ 245. Jurisdiction [repealed].
§ 246. Rules for awarding the custody, or appointing a general

guardian of minors.
§ 247. Powers of guardian appointed by court [repealed].
§ 248. Duties of guardians of the person [repealed].
§ 249. Duties of guardian of estate [repealed].
§ 250. Relation confidential.
§ 251. Guardian under direction of court.
§ 252. Death of a joint guardian.
§ 253. Removal of guardian.

§ 254. Guardian appointed by parent, how superseded.
§ 255. Suspension of power of guardian-.
§ 256. Release by ward.
§ 257. Guardian's discharge.
§ 258. Insane persons [repealed].

§236. GUAEDIAIV, WHAT. A guardian is a person
appointed to take care of the person or property of another.

History: Enacted March 21, 1872.

117 C. 640, 644, 49 P. 983, 59 A. S. 220 (applied).
GUARDIAN AND WARD.

Accounting and settlement of guardians, — See 1 Church's New
Probate Law and Practice 198-213.

116



«



I



Tit.III.] GUARDIAN AND WARD. | 236

Alienation of affections by guardian, liability. — See 8 A. C.
812, 813.

Appointment of guardian. — See 1 Cburch's New Probate Law
and Practice 164-169.

Authority of guardian, as to control over person of married
• ward.— See 3 A. C. 1050.
r&t^> Bond of guardian — Liability thereon. — See 1 Church's New
Probate Law and Practice 221-226; 45 L. 339: 48 L. 589; 52 L.
187; 55 L. 392; 58 L. 86.

Same — Necessity of to make acts valid. — See 33 L. 759-764.

Deceased guardian, method of compelling settlement of ac-
counts by. — See 8 A. S. 684.

Duty of guardian as to control of property, support, main-
tenance and custody of ward. — See 1 Church's Now Probate
Law and Practice 170-172.

Duties and powers of guardians. — See 1 Church's New Pro-
bate Law and Practice 172-174.

Embezzlement by guardian. — See 8 A. C. 19-0; 1 Church's New
Probate Law and Practice 216.

Expenditure in excess of income of ward authorized when. —
See 49 A. D. 657.

Garnishment of guardian for debt of ward. — See 11 L. N. S.
706.

Guardian as interested witness in suit involving ward's
estate.— See 4 A. C. 1064, 1068.

Guardians by nature. — See 11 L. 440.

Guardianship of Indians. — See 1 Church's New Proliato Law
and Practice 169.

Guardianship of natural child. — See 6 L. 705.

Investments by guardians. — See 1 Church's New Probate Law
and Practice 178-180.

Lease and demise of ward's property. — See 1 Cliurch's New
Probate Law and Practice 193.

Lease executed by guardian to ward, when voidable. — See 25
A. R. 728.

Liability of guardian. — See 1 Church's New Probate Law and
Practice 214-216.

Same — For misappropriation of ward's funds by attorney. —
See 5 L. N. S. 575.

Liability of sureties on bond of guardian. — See 4 A. C. 314,
345.

Limitation of actions against guardians. — See 1 Church's
New Probate Law and Practice 226.

Maintenance of ward. — See 1 L. 304.

Mortgage of ward's property. — See 1 Church's New Probate
Law and Practice 194-196.

Non-resident guardians and wards. ^-See 1 Church's NeK Pro-
bate Law and Practice 196-198.

117



§§ 237-239 CIVIL. CODE. [Div.I.Pt.III.

Non-resident minors, proceedings to transmit their property
to foreign guardians.- — See 95 A. D. 666.

Personal liability of guardians. — See 75 A. D. 447.

Powers of guardians — As to generally, see 1 Church's New
Probate Law and Practice, 174-178; 1 L. 270; 1 L. 304; 16 L.
254, 507; 17 L. 297; 18 L. 789; 32 L. 671, 683; 58 L. 931.



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