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1801. Removal and resignation of guardian, and surrender of estate.

1802. Guardianship, how terminated.

1803. New bond, when required.

1804. Guardian's bond to be filed. Action on.
1805. Limitation of actions on guardian's bond.

1806. Limitation of actions for the recovery of property


1807. More than one guardian of a person may be appointed.

1808. Power of probate judge in chambers.

1809. Provisions of section ten hundred and fifty-seven apply to guardians

1800. (gg 42, 377.) Upon complaint made to him by any guardian, ward, creditor, or other person interested in the estate, or having a prospective interest therein as heir or otherwise, against any one suspected of having concealed, embezzled or conveyed away any of the money, goods or effects, or an instrument in writing, belonging to the ward or to his estate, the probate judge may cite such suspected person to appear before him, and may examine and proceed with him on such charge in the manner provided in this title with respect to persons suspected of, and charged with, concealing or embezzling the effects of a decedent.

Stat. 1850, 272, § 42, same in substance.

1801. (§§ 37, 372.) When a guardian, appointed either by the testator or the probate judge, becomes insane or otherwise incapable of discharging his trust, or unsuitable therefor, or has wasted or mismanaged the estate, or failed for thirty days to render an account or make a return, the probate court may, upon such notice to the guardian as the court may require, remove him and compel him to surrender the estate of the ward to the person found to be lawfully entitled thereto. Every guardian may resign, when it appears proper to allow the same; and upon the resignation or removal of a guardian, as herein provided, the probate court or the judge thereof, may appoint another in the place of the guardian who has resigned or has been removed.

Stat 1869-70, 792, § 2, read: "evidently unsuitable"; also, "probate court or judge thereof"; also, "deem sufficient," instead of," require also inserted, "upon request be allowed," between "may" and "resign."

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Stat. 1850, 272, § 37, read: "evidently unsuitable"; also, " probate judge"; also inserted, upon request, be allowed to," between 'inay and "resign"; also, to the probate judge," between "appears " and proper"; also, "and upon the death of any guardian," between removal" and "of a"; also, "in his place," instead of, "in the place of the guardian who has resigned or has been removed."

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38 Cal. 442.

$1802. (§§ 38, 373.) The marriage of a minor ward terminates the guardianship; and the guardian of an insane or other person may be discharged by the probate judge when it appears to him, on the application of the ward or otherwise, that the guardianship is no longer necessary.

Stat. 1850, 272, § 38, substantially the same.

$ 1803. (§§ 39, 374.) The probate judge may require a new bond to be given by a guardian whenever he deems it necessary, and may disobarge the existing sureties from further liability, after due notice given as he may direct, when it shall appear that no injury can result therefrom to those interested in the estate. Stat. 1850, 272, $39.

1804. (6 40, 375.)

Every bond given by a guardian must be filed and preserved in the office of the clerk of the probate court of the county; and in case of a breach of a condition thereof, may be prosecuted for the use and benefit of the ward, or of any person interested in the estate.


Stat. 1850, 272, § 40, inserted "in the name of the ward." between 'prosecuted" and "for the use." 32 Cal. 118.

§ 1805. ($41, 376.) No action can be maintained against the sureties on any bond given by a guardian, unless it be com. menced within three years from the discharge or removal of the guardian; but if at the time of such discharge the person entitled to bring such action is under any legal disability to sue, the action may be commenced at any time within three years after such disability is removed.

Stat. 1850. 272, § 41.

Ó 1806. (§§ 34, 369.) No action for the recovery of any estate sold by a guardian can be maintained by the ward, or by any person claiming under him, unless it is commenced within three years next after the termination of the guardianship, or

when a legal disability to sue exists by reason of minority or otherwise, at the time when the cause of action accrues, within three years next after the removal thereof.

Stat. 1850, 271, § 34, same in substance.

1807. (§§ 48, 383.) The court in its discretion, whenever necessary, may appoint more than one guardian of any person subject to guardianship, who must give bond and be governed and liable in all respects as a sole guardian.

Stat. 1850, 273, § 48, same in substance.

1808. The power conferred upon the probate judge in relation to guardians and wards may be exercised by him at chambers, or as the act of the probate court, when holding such court; and any order appointing a guardian must be entered as and become a decree of the court. The provisions of this title relative to the estates of decedents, so far as they relate to the practice in the probate or the district courts, applies to proceedings under this chapter.

Stat. 1861, 607, § 16, same in substance, adding the words, "where they do not conflict with any of the provisions of this act."

38 Cal. 441.

1809. The provisions of section ten hundred and fiftyseven are hereby declared to apply to guardians appointed by the court, and to the bonds taken or to be taken from such guardians, and to the sureties on such bouds.




Who may become sole traders.

1812. Notice, how given and what to contain.

1813. Petition, what to contain and when filed.

1814. May have five hundred dollars of community or husband's property.

1815. Who may oppose it, and how.

1816. Trial or hearing.

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1818. Oath, copy of order to be recorded.
1819. Rights and liabilities of sole traders.
Sole trader must maintain her children.
Husband of sole trader not liable for debts


Ø 1811. A married woman may become a sole trader by the judgment of the county court of the county in which she has resided for six months next preceding the application.

Stat. 1852, 101, § 1, read: "Married women shall have the right to carry on and transact business under their own name, and on their own account, by complying with the regulations prescribed in this act." 39 Cal. 287.

§ 1812. A person intending to make application to become a sole trader must publish notice of such intention in a newspaper published in the county, or if none, then in a newspaper published in an adjoining county, for four successive weeks. The notice must specify the term and the day upon which application will be made, the nature and place of the business pro posed to be conducted by her, and the name of her husband.

Stat. 1862, 108, § 1, read: "Any married woman, residing within this state, desirous to avail herself of the benefit of this act, shall give notice thereof, by advertising in some public newspaper of general circulation in the county in which she resides, for four successive weeks: provided, if any newspaper be published in said county, said publication shall be made in the paper so published in said county. Such notice shall set forth that it is her intention to make application to the district court of said county, on the day therein named, for an order of said court, permitting her to carry on business in her own name and on her own ac count, and it shall specifically set forth the nature of the business to be carried on. On the day named in the notice, or at such further time as the court may appoint, on filing proof of publication, the court shall proceed to examine the application, on oath, as to the reasons which induce

her to make the application; and if it appear to the court that a proper case exists, it shall make an order, which shall be entered on the minutes, that the applicant be authorized and empowered to carry on, in her own name, and on her own account, the business, trade profession or art named in the notice; but the insolvency of the husband, apart from other causes tending to prevent his supporting his family, shall not be deemed to be sufficient cause for granting this application. Any creditor of the husband may oppose such application, and may show that it is made for the purpose of defrauding such creditor, and preventing him from collecting his debt, or will occasion such result, and if it shall so appear to the court, the application shall be denied. On the hearing, witnesses may be examined on behalf of either party. Before making the order, the court or judge shall administer to the applicant the following oath: 'I, A. B., do, in presence of Almighty God, truly and solemnly swear, that this application is made in good faith, for the purpose of enabling me to support myself and my children (if the applicant have minor children,) and not with any view to defraud, delay or hinder, any creditor or creditors of my husband; and that of the moneys so to be used, in said business, not more than five hundred dollars has come, either directly or indirectly from my husband, so help me God.' A certified copy of said order, with the oath indorsed thereon, shall be recorded in the office of the recorder of the county where the business is to be carried on, in a book to be kept for such purpose."

22 Cal. 283; 23 Cal. 388.

§ 1813. Ten days prior to the day named in the notice, the applicant must file a verified petition setting forth

1. That the application is made in good faith, to enable the applicant to support herself, or herself and others dependent upon her, giving their names and relation.

2. The fact of insufficient support from her husband, and the causes thereof, if known.

3. Any other grounds of application which are good causes for a divorce, with the reason why a divorce is not sought; and,

4. The nature of the business proposed to be conducted, and the capital to be invested therein, if any, and the sources from which it is derived.

Vide § 1812 and note.


The applicant may invest in the business proposed to be conducted, a sum derived from the community property or of the separate property of the husband, not exceeding five hundred dollars.

Vide § 1812 and note.

1815. Any creditor of the husband may oppose the application, by filing in the court (prior to the day named in the notice) a written opposition verified, containing either

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