tlement is changed to that of her husband. In New York, any person of full age is a resident and inhabitant of any town where he has resided one year, and the members of his family who have not gained a separate settlement are deemed settled in such town.

3. A minor may gain a settlement-1. By being married, if a female, and living for one year with her husband; in which case, the settlement of the husband determines that of the wife; 2. If a male, by being married, and residing for one year separate from the family of his father; 3. By being bound as an apprentice, and serving one year by virtue of such indentures; 4. By being hired, and actually serving for one year for wages to be paid to such minor. A woman of full age, by marrying, acquires the settlement of her husband Until a poor

person gains a settlement in his own right, his settlement is that of his father and mother. No child born while the mother is a county pauper can gain a settlement by reason of the place of his birth.

4. The following classes of persons are deemed vagrants: 1. All idle persons not having any visible means of support, who live without employment; 2. All persans wandering abroad, and lodging in beer-houses, outhouses, market-places, sheds, or barns, or in the open air, and not giving a good account of themselves; 3. All persons wandering abroad and begging, or who place themselves in the streets or other public places to beg. It is made the duty of every constable or other peace-officer, whenever required by any person, to carry such vagrant before a justice of the peace, for the purpose of examina

town, what becomes her settlement? How does a person of full age become a resident of any town in the State of New York? What is the residence of the members of his family?

3. In what way may a minor gain a settlement, if a female? If a male? If an apprentice? What settlement does a woman of full age acquire by marriage? What is the settlement of a person until he acquires one of his own? If a child is born while his mother is a county pauper?

4. What classes of persons are deemed vagrants? What is made the duty of every constable or other peace-officer? If the justice is satisfied

tion. If the justice is satisfied by the confession of the offender, or by competent testimony, that he is a vagrant, the justice may commit him to the almshouse or poorhouse for a period not exceeding six months, or to the house of correction or common jail not exceeding sixty days; there to be kept on bread and water only, not exceeding one-half the time for which he is committed. This law is nearly the same in each State.

CHAPTER XLIV.

GUARDIANS OF INFANTS.

1. A GUARDIAN is a person appointed by law to take charge of the person and property of an infant. The infant is in this case called a ward. The reciprocal powers and duties of guardian and ward are the same, pro tempore, as that of parent and child. The guardian stands in the place of the parent. In some cases, the parent himself becomes the guardian of the child. If an estate be left to an infant, the father becomes the guardian of the infant, to take charge of the estate. He is required to render an account to the child for the profits.

2. By the statutes of the State of New York, it is provided that when an estate in lands becomes vested in an infant, the guardianship of the infant, with the rights, powers, and duties of a guardian,in socage, shall belong1. To the father of the infant; 2. If there be no father,

by the confession of the offender, or by competent testimony, that such person is a vagrant, what action may he take?

1. Define a guardian? What is the infant in this case called? What do the reciprocal duties of guardian and ward resemble? In whose place does the guardian stand? Does the parent ever become the 'guardian of the child? For what purpose? To whom must he account?

2. When an estate in lands becomes vested in an infant, who becomes his guardian by the statutes of the State of New York? Between rela

then to the mother; 3. If there be no father or mother, then to the nearest and oldest relative of full age, not being under any legal disability; 4. Between relatives of the same degree of consanguinity, males shall be pre ferred. All statutory provisions relative to guardians in socage are deemed to apply to such guardians. The rights and authority of every such guardian are superseded in all cases where a testamentary or other guardian shall have been appointed.

3. The father is the natural guardian of the child; and at his death, the mother. This guardianship extends only to the person of the infant, and continues till he has acquired the age of twenty-one years. A guardian in socage has the custody of the infant's property, as well as his person. This guardianship continues till the infant is fourteen years of age. The infant is then supposed to have sufficient discretion to choose his own guardian. In England, by statute, the father may dispose of the custody of his minor child by will or by deed, till such child attains the age of twenty-one years. If such guardian be appointed by the will of the father, he is called a testa mentary guardian. If appointed by deed, he is called a guardian by statute. This is the law in most of the States. The guardian so appointed has the care of the ward and the management of his estate.

4. The court of chancery, or the Supreme Court pos sessing chancery jurisdiction, may be regarded as the guardian in chief, having control over the persons and

tives of the same degree of consanguinity, which is preferred? What provisions are deemed to apply to such guardians?

3. Who is the natural guardian of the child? To what does this guardianship extend? What custody has the guardian in socage? To what time does this guardianship extend? What power then belongs to the infant? How may the father dispose of the guardianship of the child in England? To what age? If such guardian is appointed by the will of the father, what is he called? If appointed by deed? Is this the law in the States? What care and control does such guardian exercise?

4. What court may be regarded as guardian-in-chief of the persons and property of infants? What guardians will the court remove for

property of infants. The court will remove guardians appointed by their authority, and also statutory and testamentary guardians, whenever sufficient cause can be shown. Guardianship is a delegated trust for the benefit of the infant; and in case the guardian abuses his trust, the court will check and punish or remove him, and ap point another in his stead.

5. Guardians are required to exercise that degree of care, skill, and prudence, in managing the property of their wards, which men generally exercise in the transaction of their own affairs. A want of such care, skill, and prudence would be gross negligence, and would render the guardian personally liable for all loss of, and injury to, the property of his ward. If he employ an agent to transact any business in reference to the property of his ward, it is his duty to exercise proper care in the selection of such agent, and in compelling the agent to perform his duty. Gross negligence in this duty will render the guardian personally liable for the acts of the agent. A guardian using the money of his ward, or neglecting to invest ft, is chargeable with interest. . A guardian should keep his ward's property separate from his own; otherwise he will make it his own so far as to render himself accountable for it. A guardian cannot trade with himself on account of his ward, or buy or use his ward's property for his own benefit. If the guardian put his ward's property into his business, and the business is unsuccessful, all the loss will fall upon the guardian, and he will be liable to his ward for the capital and interest. If

cause shown? What is guardianship? In case the guardian abuses this trust, what will the court do?

5. What degree of care and skill are guardians required to exercise in managing the property of their wards? What would a want of such care and skill be? To what would it render the guardian personally liable? If it is necessary to employ an agent in transacting the business of his ward, what is his duty? What will render the guardian personally liable for the acts of such agent? If the guardian use the money of his ward, or neglect to invest it? How should the guardian keep the property of his ward? Why? What are guardians prohibited from doing? If a guardian put his ward's property into business, and the

the investment of his ward's property in business should prove successful, the ward would be entitled to his capiital invested, and the profits thereon. In such case, he may make his selection either to take the capital invested and the interest, or the capital invested and the profits.

6. An infant may sue and be sued; but when an infant is a party, he must appear in court by guardian ad litem. It is within the province of every court to appoint a guardian ad litem when a party in a suit is an infant. If the infant be the plaintiff, he must have a guardian ad litem appointed before the suit is commenced. If the infant be the defendant, he is sued in his own name alone, as any person of full age is sued; but when he appears in court to defend the suit, he must have a guardian ad litem appointed. He does not necessarily appear by his general guardian, if he has one; but the court may ap point any person guardian ad litem to defend that particular suit. If the infant be the plaintiff, the guardian ad litem may be appointed on his own application, if over fourteen years of age; but if under fourteen, upon the application of his guardian, or on the application of a friend of the infant, on notice to the guardian. If the infant be the defendant, a guardian ad litem may be apappointed on similar application. If no application is made for a guardian ad litem by the infant, or on his behalf, within a limited time, the plaintiff may apply to the court to have one appointed. This must be done before a judgment can be taken against the infant.

business is unsuccessful? If the business should prove successful, to what is the ward entitled? In such case, what selection may he make?

6. Can an infant be a party in an action? How must he appear in court? By whom is the guardian ad litem appointed? When ap pointed, if the infant be plaintiff? If the infant be defendant, how is he sued? What must be done when he appears in court? Does he appear by his general guardian? Whom will the court appoint? If the infant plaintiff be fourteen years of age, upon whose application will the court appoint a guardian ad litem? If under fourteen? If the infant be defendant, how is the guardian ad litem appointed? If no application is made by the infant, or on his behalf, within the time limited by law, what may the plaintiff do?