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Nonresident wards, appointment of guardian: See Code Civ. Proc., secs. 1793 et seq.

8 245. Jurisdiction. In all cases the court making the appointment of a guardian has exclusive jurisdiction to control him. En. March 21, 1872.

Control over guardian: See Code Civ. Proc., sec. 1771.

8 246. Rules for awarding custody of minor. In awarding the custody of a minor, or in appointing a general guardian, the court or officer is to be guided by the following considerations:

1. By what appears to be for the best interest of the child in respect to its temporal and its mental and moral welfare; and if the child be of a sufficient age to form an intelligent preference, the court may consider that preference in determining the question.

2. As between parents adversely claiming the custody or guardianship, neither parent is entitled to it as of right, but other things being equal, if the child be of tender years, it should be given to the mother; if it be of an age to require education and preparation for labor or business, then to the father.

3. Of two persons equally entitled to the custody in other respects, preference is to be given as follows:

1. To a parent.

2. To one who was indicated by the wishes of a deceased parent.

3. To one who already stands in the position of a trustee of a fund to be applied to the child's support.

4. To a relative. En. March 21, 1872. Am'd. 1873-4, 196. Cal.Rep.Cit. Subd. 1-130, 381. Subd. 3—109, 661.

Custody of children generally, pending divorce: See sec. 138; without divorce: See secs. 199, 214.

Custody of child where parents separated: See ante, sec. 214.

$ 247. Powers of guardian appointed by court. A guardian appointed by a court has power over the person and property of the ward, unless otherwise ordered. En. March 21, 1872.

Cal.Rep.Cit. 117, 644.
Property of ward, control over: See sec. 242.

$ 248. Duties of guardian of the person. A guardian of the person is charged with the custody of the ward, and must look to his support, health, and education. He may fix the residence of the ward at any place within the state, but not elsewhere, without permission of the court. En. March 21, 1872.

Cal. Rep.Cit. 123, 218; 128, 218.
Compare sec. 251.

$249. Duties of guardian of estate. A guardian of the property must keep safely the property of his ward. He must not permit any unnecessary waste or destruction of the real property, nor make any sale of such property, without the order of the superior court, but must, so far as it is in his power, maintain the same, with its buildings and appurtenances, out of the income or other property of the estate, and deliver it to the ward, at the close of his guardianship, in as good condition as he received it. En. March 21, 1872. Am'd. 1873-4, 197; 1880, 5.

Cal.Rep.Cit. 117, 644; 121, 472; 124, 157 ; 134, 116.
Sale of ward's estate: See Code Civ. Proc., secs. 1777

et seq.

See Code

Guardian using principal as well as income: Civ. Proc., sec. 1770.

$ 250. Relation confidential. The relation of guardian and ward is confidential, and is subject to the provisions of the title on Trust. En. March 21, 1872.

Cal.Rep.Cit. 116, 391.
Trusts: See post, secs. 2215 et seq.

$ 251. Guardian under direction of court. In the management and disposition of the person or property committed to him, a guardian may be regulated and controlled by the court. En. March 21, 1872.

Residence of ward: See sec. 248, ante.

$ 252. Death of a joint guardian. On the death of one of two or more joint guardians, the power continues to the survivor until a further appointment is made by the court. En. March 21, 1872.

Survival of trust: See sec. 2288, post.

$ 253. Removal of guardian. A guardian may be removed by the superior court for any of the following causes:

1. For abuse of his trust;
2. For continued failure to perform its duties;
3. For incapacity to perform its duties;
4. For gross immorality;

5. For having an interest adverse to the faithful performance of his duties;

6. For removal from the state;

7. In the case of a guardian of the property, for insolvency; or,

8. When it is no longer proper that the ward should be under guardianship. En. March 21, 1872. Am'd. 1880, 5.

Removal of guardian: See Code Civ. Proc., sec. 1801.

§ 254. Guardian appointed by parent, how superseded. The power of a guardian appointed by a parent is superseded:

1. By his removal, as provided by section 253; 2. By the solemnized marriage of the ward; or, 3. By the ward's attaining majority. En. March 21, 1872. Cal.Rep.Cit. Subd. 3—121, 474.

Marriage of ward terminates guardianship: Code Civ. Proc., sec. 1802.

§ 255. Suspension of power of guardian. The power of a guardian appointed by a court is suspended only:

1. By order of the court; or,

2. If the appointment was made solely because of the ward's minority, by his attaining majority; or,

3. The guardianship over the person of the ward, by the marriage of the ward. En. March 21, 1872. Am'd. 1873-4, 197.

Marriage of ward terminates guardianship: Code Civ. Proc., sec. 1802.

8 256. Release by ward. After a ward has come to his majority, he may settle accounts with his guardian, and give him a release, which is valid if obtained fairly and without undue influence. En. March 21, 1872.

$ 257. Guardian's discharge. A guardian appointed by a court is not entitled to his discharge until one year after the ward's majority. En. March 21, 1872.

Resignation of guardian: See Code Civ. Proc., sec. 1801.

$ 258. Insane persons. A person of unsound mind may be placed in an asylum for such persons, upon the order of the superior court of the county in which he resides, as follows:

1. The court must be satisfied, upon examination in open court and in the presence of such person, from the testimony of two reputable physicians, that such person is of unsound mind, and unfit to be at large;

2. After the order granted, the person alleged to be of unsound mind, his or her husband or wife, or relative to the third degree, or any citizen, may demand an investigation before a jury, which must be conducted in all respects as under an inquisition of lunacy. En. March 21, 1872. Am'd. 1880, 5.

Guardianship of lunatic: See Code Civ. Proc., sec. 1763.

TITLE IV.

MASTER AND SERVANT. 264. Minors may apprentice themselves. $265. Consent of parents.

266. Written consent.

267. Executors may bind. $268. Supervisors may bind out.

269. Town officers. 270.

Age of apprentice to be inserted in indentures. 271. Indentures, conditions in. $ 272. Same. $273. Deposit of indentures with county clerk. 274.

Alien minors. 275. Contract under preceding section to be acknowledged. $ 276. Causes for annulling indentures.

$ 264. Minors may apprentice themselves. Every minor, with the consent of the persons or officers hereinafter mentioned, may, of his own free will, bind himself, in writing, to serve as clerk, apprentice, or servant, in any profession, trade, or employment, during his minority; and such binding shall be as valid and effectual as if such

Civ. Code-4

minor was of full age at the time of making the engage ment. En. March 21, 1872.

Aiding apprentice to run away a misdemeanor: Pen. Code, sec. 646.

See Act of April 3, 1876, relative to apprentices: Post, Appendix, title Apprentices.

Master and servant generally: See post, secs. 2009 et seq.

§ 265. Consent of parents. Such consent shall be given:

1. By the father of the minor. If he be dead, or be not of legal capacity to give his consent, or if he shall have abandoned or neglected to provide for his family, and such fact be certified by a justice of the peace of the township or county, or sworn to by a credible witness, and such certificate or affidavit be indorsed on the indenture; then,

2. By the mother. If the mother be dead, or be not of legal capacity to give such consent or refusal; then,

3. By the guardian of such infant. If such infant have no parent living, or none in a legal capacity to give consent, and there be no guardian; then,

4. By the supervisors of the county, or any two justices of the peace, or the judge of the superior court of the county;

5. If such minor be an orphan, under the care and con. trol of any orphan asylum in this state, then by the board of managers thereof. En. March 21, 1872. Am'd. 1880, 5.

$ 266. Written consent. Such consent shall be signified in writing by the person entitled to give the same, by certificate at the end of, or indorsed upon the indentures. En. March 21, 1872.

8 267. Executors may bind. The executors of any last will of a parent who shall be directed in such will to bring up his or her child to some trade or calling, may bind such child to service as a clerk, or apprentice, in like manner as the father might have done if living. If there is a surviving mother, her consent also is necessary. En. March 21, 1872.

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