TITLE XX. CHAPTER 85. Effect of con tracts. Liability of married women. Husband may suits. and be exercised, until her husband shall return into this state SEC. 7. All contracts lawfully made by any married woman, by virtue of such power, shall he binding on her and her husband, in like manner as if their marriage had taken place after the making of such contracts; and she shall, during the absence of her husband from the state, be liable to be sued thereon as if she were unmarried. SEC. 8. She shall also be liable to be sued, in like manner, for all other acts done, or liabilities incurred by her during the continuance of the power so granted to her. SEC. 9. No suit wherein such woman shall be a party, under the become party to provisions of this chapter, shall be abated by the return of her husband into the state, but he may, on his application, be admitted to prosecute or defend the suit, jointly with her, in like manner as if they had intermarried after the commencement of the suit. Suit to proceed if husband does party. SEC. 10. If the husband shall not be admitted as a party to the not become a suit, it shall proceed to judgment and execution as if he had not returned to the state; and any judgment recorded (recovered) against the wife, may be enforced against him, in like manner as if it had been rendered against her before their intermarriage. Petition to probate court, notice and hearing. When husband sentenced to im may have certain powers. SEC. 11. Every petition of a married woman for the purposes mentioned in the preceding sections of this chapter, shall be verified by the oath of the petitioner, and upon the presentation thereof, the probate court shall appoint a time and place of hearing, and shall cause a notice of hearing to be given, either by publishing the same in a newspaper for three successive weeks, or by posting up copies thereof at least three weeks before such hearing, in such places as the court may direct. SEC. 12. When any married man shall be sentenced to confineprisonment, wife ment in the state prison, his wife may, on her petition to the probate court of the county in which she resides, be authorized to sell and convey her estate, and do any or all other acts which may, according to the provisions of this chapter, be done by a married woman, when authorized as before provided, in the absence of her husband, and with the like effect in all respects; and the authority so granted to the wife of a convict, may continue and be exercised until the discharge of her husband from prison. Petition by wife of convict. SEC. 13. The petition of the wife of such convict shall be presented, and the proceedings thereon conducted in the same manner as in the case of the petition of a married woman whose husband has absented himself from the state, except that where evidence of the sentence of the husband shall be furnished at the time of presenting the petition, it shall not be necessary to defer the hearing, or give notice thereof. SEC. 14. When the guardian of any married man shall be duly liguardian in con- censed to sell the real estate of his ward, the wife of the ward may, if she thinks proper, join with the guardian in the conveyance, and thereby release her right of dower in the granted premises, in like manner as she might have done, by joining in a conveyance thereof made by her husband, if he had been under no legal disability. Wife may join veyance, &c. Ib. SEC. 15. When such guardian shall be licensed to sell the interest of the ward in any real estate of his wife, the wife may, if she thinks fit, join with the guardian in the conveyance, and thereby sell and convey all her estate and interest in the granted premises, in like manner as she might have done by joining in a conveyance thereof made by her husband, if he had been under no legal disability. CHAPTER 85. SEC. 16. In case of any such release by the wife, of her right of TITLE XX. dower, or of any such conveyance of her own estate, the proceeds of the sale may be so invested and disposed of, as to secure to her the Release of dow same right, use and benefit of the principal sum and the income there- er, &c. of, that she would have had in such real estate and the income thereof, if it had not been sold. Agreement be SEC. 17. Any agreement made between the wife and the guardian teen wife and of her husband, for securing and disposing of the proceeds of any guardian. such sale, or any part of such proceeds, for the purpose mentioned in the preceding section, being approved and confirmed by the judge of probate who granted the license to sell, or by the circuit court on an appeal from the decision of the judge of probate, shall be valid and binding upon all persons interested in the estate, and may be enforced by an action at law, or a suit in chancery. men taken for SEC. 18. When the real estate of any married woman shall be taken When real estate for any public use, or shall be damaged by the laying out and estab- of married wo lishing of a highway, railroad, turnpike, or other public work, the dam- public use. ages or compensation awarded therefor may be so invested and disposed of, as to secure to her the same right, use and benefit, of and in the sum so awarded, and the income thereof, as she would have had of and in the real estate and the income thereof, if it had not been so taken or damaged. crees for secur SEC. 19. On application of any such woman to the probate court of Probate court the county in which such real estate is situated, or of the county in may make dewhich she resides, such court may hear and determine the case, and ing rights of wife. may make all such orders and decrees as shall be necessary and proper to enforce and secure her said rights and interests. her husband. SEC. 20. When any married woman shall come from any other Married woman coming from an. state or country into this state, without her husband, he having never other state or lived with her in this state, she may transact business, make contracts, country, without and commence, prosecute, and defend suits in her own name, and dispose of her property which may be found in this state, or which she may acquire, in like manner, in all respects, as if she were unmarried. SEC. 21. Such married woman shall be liable to be sued as if she were unmarried, upon all contracts, and for all other acts, made or bilities of such done by her after her arrival in this state; and she may make and ex- married woman, ecute any deeds and other instruments, in her own name, and do all other lawful acts, that may be necessary and proper to carry fect the powers herein granted to her. into ef Powers and lia and claiming ma rital rights-ef fect of. SEC. 22. If the husband of any such woman shall afterwards come Husbands cominto this state, and claim his marital rights, his arrival here shall have ing into this state the same effect, with regard to any suit then pending, in which she is a party, and to any contract made, or business transacted by her under the power granted to her by the provisions of this chapter, as if they had been just married at the time of his arrival here, and shall have no other effect. tition of her real SEC. 23. The wife of any man who is under guardianship, may wife of ward join with the guardian in making partition of her own real estate, held may join in par in joint tenancy or in common, and may, jointly with such guardian, estate. make any release or other conveyance necessary or proper for that 1839, p. 220, § 16. purpose, in like manner as she might have done with her husband, if he had been under no legal disability. SEC. 24. Upon a divorce from bed and board, the wife shall have TITLE XX. CHAPTER 86. Powers of wife on divorce from bed and board. Rights of mar- ed by her. 1844, p. 77. the same powers and rights in respect to her real and personal estate, and to such as she may afterwards acquire, and shall be subject to the same liabilities in all respects, as an unmarried woman, and may sue and be sued in her own name in like manner. SEC. 25. Any real or personal estate which may have been acquired by any female before her marriage, either by her own personal industo property own. try, or by inheritance, gift, grant or devise, or to which she may at any time after her marriage be entitled by inheritance, gift, grant or devise, and the rents, profits and income of any such real estate, shall be and continue the real and personal estate of such female after marriage, to the same extent as before marriage; and none of said property shall be liable for her husbands's debts, engagements or liabilities; but such property shall be liable for all debts of the wife contracted prior to her said marriage; provided, that nothing in this section contained shall be construed to authorize any married woman to give, grant or sell any such real or personal property during coverture, without the consent of her husband, except by order of the judge of probate, or the proper court of the county; and provided further, that upon a separation between such husband and wife, saving by an adjudication of court, such married woman shall in no case be authorized to remove any such property from the premises of her husband without his consent. Concurrent jurisdiction in ca last section. SEC. 26. The circuit court for the county where the parties or eithses arising under er of them reside, shall have concurrent jurisdiction with the court of chancery in all cases arising under the provisions of the preceding section, and the wife may institute proceedings to enforce the said provisions, in her own name or otherwise. Estate of hus SEC. 27. If any married woman shall die without disposing of any band by curtesy such real estate, the husband surviving her shall have a life estate therein by the curtesy. Judge of probate may appoint guardians. Who to nomi CHAPTER 86. OF GUARDIANS AND WARDS. SECTION 1. The judge of probate in each county, when it shall appear to him necessary or convenient, may appoint guardians to minors and others, being inhabitants or residents in the same county, and also to such as shall reside without the state, and have any estate within the same. SEC. 2. If the minor is under the age of fourteen years, the judge nate guardians. of probate may nominate and appoint his guardian, and if he is above the age of fourteen years, he may nominate his own guardian, who, if approved by the judge, shall be appointed accordingly. In what case judge to nomi. nate. SEC. 3. If the guardian nominated by such minor, shall not be approved by the judge, or if the minor shall reside out of this state, or if, after being cited by the judge, he shall neglect for ten days to nominate a suitable person, the judge may nominate and appoint the guardian, in the same manner as if the minor were under the of fourteen years. age SEC. 4. When such minor, being above the age of fourteen years, TITLE XX. CHAPTER 86. When nomina shall reside more than ten miles from the place of holding the probate court, his nomination of a guardian may be certified to the judge of probate by a justice of the peace, or by the township clerk, which shall have the same effect as if made in the presence of the judge. SEC. 5. The father of the minor, if living, and in case of his decease, the mother, while she remains unmarried, being themselves respectively competent to transact their own business, and not otherwise unsuitable, shall be entitled to the custody of the person of the 1840, p. 139, § 2, minor, and to the care of his education. tion may be cer tified by justice of the peace, &c. Parent, when entitled to custody of minor child. SEC. 6. If the minor have no father or mother living, and compe- When guardian tent to have the custody and care of the education of such minor, to have custody the guardian so appointed shall have the custody and tuition of his of ward, &c. ward. SEC. 7. Every guardian appointed as aforesaid, shall have the care Powers and du and management of the estate of the minor, and shall continue in of- ties of guardians. fice until such minor shall arrive at the age of twenty-one years, or until the guardian shall be discharged according to law. dian. SEC. 8. Every such gardian shall give bond, with surety or sureties, Bond of guar to the judge of probate, in such sum as the judge shall order, with condition as follows: 1. To make a true inventory of all the real estate, and of all the goods, chattels, rights and credits of the ward, that shall come to his possession or knowledge, and to return the same into the probate court `at such time as the judge shall order: 2. To dispose of and manage all such estate and effects according to law, and for the best interest of the ward, and faithfully to discharge his trust as such guardian : 3. To render an account on oath, of the property in his hands, including the proceeds of all the real estate which may be sold by him, and of the management and disposition of all such property, within one year after his appointment, and at such other times as the judge of probate shall direct and, : 4. At the expiration of his trust to settle his accounts with the judge of probate, or with the ward, or his legal representatives, and to pay over and deliver all the estate and effects remaining in his hands, or due from him on such settlement, to the person or persons who shall be lawfully entitled thereto. of education to SEC. 9. If any minor, who has a father living, has property, the in- When expenses come of which is sufficient for his maintenance and educatiou, in a be defrayed from manner more expensive than his father can reasonably afford, regard income of probeing had to the situation of the father's family, and to all the circum- perty of minor. stances of the case, the expenses of the education and maintenance of such minor may be defrayed out of the income of his own property, in whole or in part, as shall be judged reasonable, and shall be directed by the probate court, and the charges therefor may be allowed accordingly in the settlement of the accounts of his guardian. SEC. 10. Every father may, by his last will in writing, appoint a Appointment of guardian or guardians for any of his children, whether born at the guardian by will time of making the will or afterwards, to continue during the minority of the child, or for any less time; and every such testamentary guardian shall have the same powers, and shall perform the same duties, with regard to the person and estate of the ward, as a guardian appointed by the judge of probate. SEC. 11. Every such testamentary guardian shall give bond in like TITLE XX. manner, and with like condition, as is herein before required of a CHAPTER 86. guardian appointed by the judge of probate; provided, that when the When testamen testator, in the will appointing the guardian, shall have ordered or retary guardian to quested that such bond shall not be given, the bond shall not be required, unless from a change in the situation or circumstances of the guardian, or from (for) other sufficient cause, the judge of probate shall think proper to require it. give bond. Powers of courts to appoint guardians or next friends to prosecute or defend suits, &c. Application for guardian of insane person. SEC. 12. Nothing contained in this chapter shall impair or affect the power of any court of common law, probate court, court of chancery, or court of a justice of the peace, to appoint guardians to defend the interests of minors impleaded in such court, or interested in any matter there pending, nor their power to appoint or allow any person as next friend for a minor, to commence, prosecute or defend any suit in his behalf. SEC. 13. When the relations or friends of any insane person, or of any person who, by reason of extreme old age or other cause, is mentally incompetent to have the charge and management of his property, shall apply to the judge of probate to have a guardian appointed 1840, p. 65, § 19. for him, the judge shall cause a notice to be given to the supposed insane or incompetent person, of the time and place of hearing the case, not less than fourteen days before the time so appointed. 12 Mass., 222. Hearing. Powers and duties of such guardian. When guardian ed for spend thrift. 12 Pick. 152. SEC. 14. If, after a full hearing and examination upon any such application, it shall appear to the judge of probate that the person in question is incapable of taking care of himself and managing his property, he shall appoint a guardian of his person and estate, with the powers and duties hereinafter specified. SEC. 15. Every guardian so appointed as provided in the preceding section, shall have the care and custody of the person of his ward, and the management of all his estate, until such guardian shall be legally discharged; and he shall give bond to the judge of probate, in like manner, and with the like condition, as is before prescribed with respect to the guardian of a minor. SEC. 16. When any person, by excessive drinking, or by gaming, may be appoint idleness or debauchery of any kind, shall so spend, waste or lessen his estate, as to expose himself or his family to danger of want or suffering, or the county to charge or expense for the support of himself or his family, any superintendent of the poor of the county, or director of the poor, or justice of the peace of the township of which such spendthrift is an inhabitant, or in which he resides, may present a complaint to the judge of probate, setting forth the facts and circumstances of the case, and praying to have a guardian appointed for him. SEC. 17. The judge of probate shall cause notice to be given to such supposed spendthrift, of the time and place of hearing the case, not less than fourteen days before the time so appointed; and if, after a full hearing, it shall appear to the court that the person complained of comes within the description contained in the preceding section, he shall appoint a guardian of his person and estate, with the powers and duties hereinafter specified. Notice to supposed spend. thrift. Copy of com. plait may be filed deeds. 3 Pick., 229. SEC. 18. After the order for notice has been issued, the complainwith register of ant may cause a copy of the complaint, with the order for such notice, to be filed in the office of the register of deeds for the county, and if a guardian shall be appointed upon such application, all contracts, except for necessaries at reasonable prices, and all gifts, sales and transfers of real or personal estate, made by such spendthrift after the filing |