7. There is a court held in each county in the several States for the purpose of settling the estates of deceased persons. In some States, these courts are called probate courts; in others, surrogates' courts. The judge, in some States, is called judge of probate; in others, surrogate. Guardians are generally appointed by the judge of probate or the surrogate. In New York, application for the appointment of a guardian is made by the minor himself, if fourteen years of age, by petition to the surrogate of the county where the minor resides. The minor may nominate his guardian, subject to the approval of the surrogate. If the minor be under fourteen, such application may be made by a relative or other person in his behalf. Before the surrogate appoints a guardian, he requires the guardian to give a bond to the minor, with sufficient sureties, in a penalty double the amount of the personal estate, and of the value of the rents and profits of the real estate. The condition of such bond is, that he will faithfully discharge the duty of guardian to such minor according to law; and that he will render a true and just account of all moneys and other property received by him, and of the application thereof, and render an account of his guardianship to any court having jurisdiction thereof, when required.

8. It is the duty of every guardian in socage, and every general guardian, whether appointed by will or by the surrogate-1. To keep safely all the property of his ward which may come into his possession; 2. Not to suffer any

7. For what special purpose are courts held in the several counties? What are these courts called? What are the judges of these courts called? By whom are guardians generally appointed? By whom is the application made in the State of New York, if the minor is fourteen years of age? To what surrogate is his petition presented? By whom is the guardian nominated? If the minor is under fourteen years of age, on whose application will a guardian be appointed? Before the surrogate will appoint a guardian, what will he require? In what penalty? What is the condition of such bond? To whom is he to render an account?

8. What is the duty of every guardian in socage, and every general guardian, as to the property of his ward which may come into his pos

sale, waste, or destruction of such property; 3. To keep in repair the houses, gardens, and other appurtenances to the lands of his ward, with the issue and profits thereof, or with such other moneys of his ward as may be in his hands; 4. To deliver to his ward, when he becomes of full age, such property in as good order as when received by him, inevitable decay and injury only excepted; 5. To account to his ward for all issues and profits of such estate. Guardians are entitled to their reasonable expenses, and a rate of compensation fixed by law in the several States. In New York they are entitled to five per cent. for receiving and paying out sums of money not exceeding one thousand dollars; two and a half per cent. on sums exceeding one thousand and not exceeding five thousand; and one per cent. on all sums over five thousand dollars.

9. A guardian has the legal power to sell or dispose of the personal property of his ward in any manner he may think most conducive to the purposes of his trust; and a purchaser who deals fairly has a right to presume that the guardian acts for the benefit of his ward, and is not bound to inquire into the nature of the trust. The guardian has no power to sell the real property of his ward. The guardian is allowed half commissions for receiving, and half for paying out the trust-money.

session? As to waste and destruction of such property? As to keeping the houses and gardens in repair? When is he to deliver such property to his ward? In what condition? For what is he to account? To what compensation are guardians entitled? At what amount fixed in New York?

9. What power has the guardian over the personal property of his ward? Over the real property?

CHAPTER XLV.

DISSOLUTION OF THE MARRIAGE CONTRACT.

1. WHEN a marriage contract has been duly solemnized, it becomes a perpetual obligation, and cannot be cancelled at the option of either or of both parties. It continues in force until dissolved by the death of one of the parties, or by divorce. Divorces are divided into two classes: 1. Divorce a vinculo matrimonii (from the chain of matrimony); 2. Divorce a mensa et thoro (from table and bed. The laws governing marriage and divorce are contained in the statutes of the several States, each State enacting its own laws. The causes for which a divorce a vinculo is granted differ in the several States. There may be causes existing at the time of the marriage, for which the court, by sentence of nullity, will declare such marriage contract void. There may be causes which have arisen since the formation of the contract, for which the court will dissolve the contract.

2. The causes which exist at the time of the marriage, for which the Supreme Court in New York will, by sentence of nullity, declare the marriage contract void, are: 1. That the parties, or one of them, had not attained the age of legal consent; 2. That the former husband or wife of one of the parties was living, and the marriage with such former husband or wife was then in force; 3. That

1. When a marriage contract has been duly solemnized, what does it become? Can it be annulled at the choice of the parties? How may it be dissolved? Of what two classes are divorces? By what legislative body are the laws governing marriage and divorce made? Are the causes for granting a divorce a vinculo the same in all the States? When may causes exist for which the court will declare the marriage contract void? When may causes arise for which the court will dissolve the marriage contract?

2. What are the causes existing at the time of the marriage for which the courts will declare the marriage contract void?

one of the parties was an idiot or a lunatic; 4. That the consent of one of the parties was obtained by force or fraud; 5. That one of the parties was physically incapable of entering into the married state; 6. That the female at the time of the alleged marriage was under the age of fourteen years, and that such marriage was without the consent of her father, mother, guardian, or other person having the legal charge of her person, and was an offence on the part of her husband under the statute, and punishable according to law; 7. That the marriage was not followed by consummation or cohabitation, nor had been ratified by any mutual assent of the parties after the female had attained the age of fourteen years; 8. That the parties were within the prohibited degrees of consangunity.

3. There may be causes which have arisen since the formation of the marriage contract, for which the court will dissolve the contract. The principal cause is the violation of the marriage contract by the commission of adultery. For more than one hundred years previous to the Revolution no divorce took place in the colony of New York. For many years after New York became an independent State there was no lawful mode of dissolving a marriage, in the lifetime of the parties, but by a special act of the Legislature. As the law now stands, the Supreme Court may dissolve the marriage contract by a decree of divorce for the adultery of the husband or of the wife in three cases only: 1. Where both husband and wife were inhabitants of that State at the time of the commission of the offence; 2. Where the marriage has been solemnized within that State, and the injured party at the time of the commission of the offence, and at the time of exhibiting the bill of complaint, shall be an actual

3. What is the principal cause arising after the formation of the marriage contract for which the court will dissolve the contract? For what time previous to the Revolution were there no divorces granted in the colony of New York? After New York became an independent State, how only were marriage contracts dissolved? As the law of that State

inhabitant of that State; 3. Where the offence was committed in that State, and the injured party at the time of exhibiting the bill of complaint was an actual inhabitant of that State.

4. Although the fact of adultery be proved against the defendant, yet the court will deny a decree of divorce in the following cases: 1. Where the offence shall appear to have been committed by the procurement or with the connivance of the plaintiff; 2. Where the offence charged shall have been forgiven by the injured party, and such forgiveness be shown by express proof, or by the voluntary cohabitation of the parties with the knowledge of the offence; 3. Where the suit shall not have been brought within five years after the discovery by the plaintiff of the offence charged; 4. Where it shall be proved that the plaintiff has also been guilty of adultery under such circumstances as would have entitled the defendant to a divorce if he were innocent of the offence charged. An action to annul a marriage on account of the want of age of the parties may be brought by the parent, guardian, or person entitled to the custody of the minor; but it cannot be annulled on the application, in New York, of thẻ party who was of the age of legal consent when the marriage was solemnized, nor when the parties, after the age of legal consent, have freely cohabited as husband and wife.

5. In Catholic countries marriage is considered a sacrament, and held indissoluble during the life of the parties. This was formerly the case in France. By the Code Napoleon divorces were allowed without cause, founded

now stands, in what three cases only can the courts dissolve the mar riage contract?

4. In what cases will the court deny a decree of divorce, although the fact of adultery be proved against the defendant? By whom. may the action to annul a marriage on account of want of age of the parties be brought? Can it be annulled in New York on the application of the party who was of the age of legal consent when the marriage was sol emnized?

5. How is marriage considered in Catholic countries? What was the rule of law for granting divorces by the Code Napoleon? By what power