guardian to require education and preparation for labor or business, then to the father; 3. Of two persons equally eligible in other respects, preference is to be given, as follows: (1.) To a relative; (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. Powers of § 178. A guardian appointed by a court has power over appointed the person and property of the ward, unless otherwise ordered. by court. Duties of guardian of the person. Duties of guardian § 179. 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. § 180. A guardian of the property must keep safely the of estate. property of his ward. He must not suffer any sale, waste or destruction of the real property, but must maintain the inheritance, its buildings and appurtenances, out of the moneys of the estate, and deliver the same to the ward at the close of his guardianship, in as good condition as he received them, inevitable decay and injury only excepted. Relation confidential. Guardian under di § 181. The relation of guardian and ward is confidential, and is subject to the provisions of the Title on TRUST. § 182. In the management and disposition of the person rection of or property committed to him, a guardian may be regulated and controlled by the court. court. Death of a joint guar § 183. On the death of one of two or more joint guarddian. ians, the power continues to the survivor, until a further appointment is made by the court. $187. After a ward has come to his settle accounts with his guardian, and giv which is valid if obtained fairly and wit ence. § 188. The custody of persons of unso erned by the Code of Civil Procedure a statutes. 4 TITLE IV. Who may bind themselves as apprentices. Who to consent to such! binding MASTER AND SERVANT. § 200. Male minors, and unmarried females under the age of eighteen years, with the consent of the persons or officers hereinafter mentioned, may bind themselves, by a writing called an indenture, as fully as if they were of age, to serve as clerks, apprentices or servants in a particular calling, until majority (except in the case of females, who cannot bind themselves further than until the age of eigh teen years), or for any shorter time. § 201. Consent to an indenture of apprenticeship must be given by a certificate at the end thereof, or indorsed +hereon, signed: 1. By the father and mother of the apprentice; 2. If the father lacks capacity to consent, or has abandoned or neglected to provide for the family, or is dead, and no testamentary guardian or executor has been appointed by him, with power under the will to bring up the child to a calling, and a certificate of such fact is indorsed on the indenture by a justice of the peace of the town, then by the mother; 3. If the father is dead, and such guardian or executor has been appointed by him, then by such guardian or executor; 4. If the mother is dead, or lacks capacity to consent, then by the father; 5. If there is no parent of capacity to consent, and no such executor, then by the guardian ; or, 6. If there is no such parent, executor or guardian, then by the officers of the poor of the town or county, or by any two justices of the peace of the town, or by the county judge. ustice of the peace; and his certificate of led with the clerk of the town where the uted. § 205. An indenture executed under t his Title must contain the following parti 1. The age of the minor; 2. The term of service for which the m apprenticed; 3. The calling to which the minor is b ticed; 4. Any pecuniary consideration for t either part; 5. When executed by the minor, a cove not to leave the master during the term; 6. A covenant on the part of the mast all times during the term suitable and suffi ing and medical attendance for the minor cause to be taught him carefully and branch of such calling; and Pecuniary inserted. 7. In the case of indentures executed under the provis ions of section 206, an obligation on the part of the master running to the state by which he shall undertake to treat the minor kindly. § 206. Every corporation of this state created for the tion to be purpose of taking care of and protecting destitute and friendless minors, may bind to service, or apprenticeship, or clerkship by indenture until attaining twenty-one years, or if a female, eighteen years, any destitute minor of the age of eight years, or upwards, which has been in the care and keeping of the corporation for three months, but such binding must be with the consent in writing on the indenture, of a justice of the supreme court, or a county judge of the county wherein the corporation is situated. Special agreement to be in serted in certain cases. Certain indentures, § 207. The indenture of an apprentice, executed by offi cers of the poor, must bind the master to cause him to be taught reading, writing, and the general rules of arithmetic, and to give him a new bible and a suit of good clothing at the expiration of his term of service. § 208. Every officer executing an indenture of apprenwhere to ticeship must file a counterpart thereof with the clerk of the county, town or city of which he is an officer. be de posited. Inden tures by being § 209. An immigrant minor may bind himself to service, foreigners, until he attains majority, or for a shorter term, in such manner as may be prescribed by the law of the country in which the contract is made. If the indenture is made for minors. the purpose of enabling him to pay his passage to this country, it may be for the term of one year, although such term extends beyond his majority; but in no case for a longer term. § 210. Every indenture under section 209 must be acknowledged by the minor on a private examination before a mayor, recorder, or alderman of a city, or a justice of the peace, and a certificate of the acknowledgment must be indorsed upon the indenture. |