AN ACT concerning Guardians and Wards.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. 1. Courts of probate in their respective counties shall admit orphan minors above the age of fourteen years, the father being dead, to make choice of guardians, and appoint guardians for such as are under fourteen years of age.

SEC. 2. Whenever it shall be represented to the said court that any orphan minor above the age of fourteen years has no guardian, it shall be the duty of said court to issue a notification to such minor to appear before said court, at a time therein specified, and choose a guardian, and if such minor refuse or neglect to appear, or appearing shall still neglect to choose a guardian, the said court shall appoint one for such minor, as if such minor was under the age of fourteen years.

SEC. 3. When a minor having a father living shall be entitled to or possessed of any estate real or personal not derived from his or her father, the said court of probate shall notify the father to appear and show cause why a guardian for such minor shall not be appointed, and if sufficient reason be not shown, may appoint the father if he be a proper person, if not, then such other person as the minor, if of the age of fourteen years, may choose. If such minor refuse or neglect, or be not of sufficient age to choose a guardian, the court shall appoint some fit person to be guardian for such minor, and when any person is appointed guardian, other than the father, he shall have the charge and management of the estate, but no control over the person of the minor.

SEC. 4. Guardians, by virtue of their office as such, shall be. allowed in all cases to prosecute and defend for their wards.

SEC. 5. The court of probate shall take of each guardian appointed under this act, bond with good security, in a sum double the amount of the minor's estate real and personal, conditioned as follows: The condition of this obligation is such, that if the above bondsman A. B, who has been appointed guardian for C. D., shall faithfully discharge the office and trust of such guardian ac

cording to law, and shall render a fair and just account of his guardianship to the probate court for the county of

from

time to time, as he shall be required by said court, and comply with all the orders of said court, lawfully made, relative to the goods, chattels, moneys and estate of such minor, and render and pay to such minor all moneys, goods and chattels, title papers and effects, which may come to the hands or possession of such guardian, belonging to such minor, when such minor shall be thereto entitled, or to any subsequent guardian, should such court so direct. then the obligation shall be void; otherwise to remain in full force and virtue: Which bond shall be taken in the name of the Territory of Montana, for the use of such minor, and shall not become void upon the first recovery, but may be put in suit from time to time, against all or any one or more of the obligations, in the name and for the use and benefit of any person entitled by a breach thereof, until the whole penalty shall be recovered thereon.

SEC. 6. Courts of probate, in their respective counties, shall have power. with or without previous complaint, by an order duly made and served, to oblige all guardians of minors, from time to time to render their respective accounts upon oath touching their guardianship to said courts for adjustment, and shall have power to compel such guardians to give supplementary security, whenever it shall seem proper, and in default thereof to remove such guardians.

SEC. 7. The court of probate in all cases shall have the power to remove guardians for good and sufficient reasons, which shall be entered upon the records, and to appoint others in their places, or in the place of those who may die, who shall give bond and security for the faithful discharge of their duties, as heretofore prescribed in this act, and when any guardian shall be removed or die, and a successor be appointed, the court shall have power to compel such guardian so removed, or executors or administrators of a deceased guardian, to deliver up to such successor all goods, chattels, moneys, title papers, or other effects belonging to such minor, which may be in the possession of such guardian so removed, or of the executors or administrators of a deceased guardian, or on any other person or persons who may have the same, and upon failure, to commit the party so offending to prison until he, she, or they, comply with the

order of the court.

SEC. Guardians shall have the power to demand, sue for and

receive all moneys belonging to their wards from executors or administrators as soon as the same may be collected, or of any other person or persons, in whose hands or possession the same may be, and it shall moreover be their duty to put to interest the moneys of their ward upon mortgage security to be approved by the court, which letting shall always be for one year, and at the end of each year, the interest shall be added and made part of the principal, and said guardian shall always have power to lease the real estate of the ward, upon such terms and for such length of time as the court of probate shall direct: Provided, Such leasing shall not be for a longer time than during the minority of the ward; and the minority of females shall cease at the age of eighteen years.

SEC. 9. The guardian shall have power under the direction of the court of probate, to superintend the education and nurture of the ward, and for that purpose may pay out such portion of the ward's money, as the court of probate shall from time to time by order direct: Provided, That the rents and profits arising from his estate, and the nett interest on the ward's money, shall always be first resorted to, for the education and nurture of the ward.

SEC. 10. The district court may, for just and reasonable cause, being satisfied that the guardian has faithfully applied all of the personal estate, order the sale of the real estate of the ward, on the application of the guardian by petition in writing, stating the facts, and having given notice to all persons concerned of such intended application in some newspaper printed in the Territory, or by posting up written notices in three of the most public places in the county, at least three weeks before the sitting of the court. Such order may enable the guardian to sell and convey the real estate for the support and education of the ward, or to invest the proceeds in other real estate; the court, in such order, shall direct the time and place of sale, the notice thereof to be given, and may direct the sale to be made on reasonable credit, and require such security from the guardian and purchaser as the interest of the ward may require; it shall be the duty of the guardian making such sale, as soon as may be, to return such proceedings to the court granting the order, which, if approved by the court, shall be recorded, and shall vest in the purchaser all the interest the ward had in the estate so sold. Application for the sale of such real estate shall be made to the

court of the county where the whole or a part of the estate shall be situated.

SEC. 11. An account of all moneys received by any guardian for any sale of real estate of any minor, as aforesaid, shall be returned on oath by such guardian to the court of probate of the county where letters of guardianship were obtained, and such moneys shall be accounted for, and shall be subject to the order of the probate court in like manner as other moneys belonging to such minor.

SEC 12. Appeals shall be allowed in all cases from the order of judgment of the court of probate to the district court.

SEC. 13 Minors may bring suits in all cases whatever by any person they may select as their next friend, and the person so selected shall file bond with the clerk of the district court, or justice of the peace where the suit may be brought, acknowledging himself bound for all costs that may accrue and legally devolve on such minor. After such bond shall have been so filed, said suit shall progress to the final judgment and execution, as in other

cases.

SEC. 14. Guardians shall educate their wards; and it is hereby made the duty of all civil county officers to give information to the court of probate of neglect or omission of any guardian to his or her ward. Provided, That when there are not moneys sufficient to teach the ward to read and write, and the ground rules of arithmetic, and the guardian refuses or neglects to have him so educated, the court shall have power to put out to any other person the ward, for the purpose of having him or her so educated. The judges of probate shall in all cases, when information is made of the neglect of any guardian to educate his or her ward, and on the facts being established, to remove such guardian, and appoint a suitable person to act as guardian, to superintend the education of such minor orphan.

SEC. 15. Guardians shall have the power to loan out the moneys of their wards in sums not exceeding one hundred dollars, on personal security, to be approved by the judge of probate; Provided, It shall not be let for a longer time than twelve months without a renewal, and an approval of the security by the court, and if neglected longer it shall be at the responsibility of the guardian. In all cases of any person being appointed guardian for

more than one ward at one time, the judge of probate shall include all in one bond.

SEC. 16. Guardians, on final settlement, shall be allowed such fees and compensation for their services as shall seem reasonable and just to the judge of probate, not exceeding what are allowed by law to administrators.

SEC. 17. Every father of sound mind and memory, of a child likely to be born, or of any living child under the age of twentyone years, and unmarried, may by his last will or deed, duly executed, dispose of the custody and tuition of such child during its minority, or for a less time, to any person or persons in possession or remainder; and every mother of sound mind and memory, being sole parent, may in like manner dispose of the custody and tuition of a child living, if a father has made no such disposition, or in any other manner restrained the right of the mother.

SEC. 18. Every such disposition, from the time it shall take effect, shall invest in the person or persons to whom it shall be made all the rights and powers and subject him or them to all the duties and obligations of a guardian of such minor, and shall be valid and effectual against every other person claiming the custody or tuition of such minor. Provided, The rights, powers, duties, and obligations of such person or persons may be restrained and regulated by the person making such deed or last will as aforesaid.

SEC. 19. Any person to whom the custody and tuition of such minor is disposed of, may take the custody and tuition of such minor, and maintain all proper actions for the wrongful taking and detention of the minor; he shall also take the management of the real and personal estate of such minor, unless restrained by the deed or will as aforesaid, during the time for which such disposition shall have been made, and bring such actions in relation thereto as a guardian appointed under the provisions of the laws of this Territory.

SEC. 20. Guardians appointed under the provisions of this act shall be subject to removal upon complaint of any person, in behalf of the minor, to the district court of the county in which such guardian may reside, and proof made of mal-conduct or misbehavior in the performance of his duties; and upon the removal of a guardian, the said court is hereby vested with the power to appoint another guardian, and make all such orders as may be necessary to