Certificate of service. Provision for ployés of first receive three dollars per day for each day of service rendered Either house may also employ an assistant door keeper and assistant janitor, if the same or either of them shall be required, and their compensation shall be two dollars and a half per day each, for each day of service rendered. Officers and employés so appointed by either house by resolution as aforesaid, shall be considered in all respects as holding by authority of law after being so appointed. 1297. SEC. 4. Each officer and employé at each session of the general assembly shall receive from the presiding officer of the house to which he belongs, a certificate setting forth the number of days of service rendered by such officer or employé. Such time of service to be computed from the day of his or her election or appointment, until the end of his or her term of service; and such certificate when presented to the auditor, shall entitle the holder thereof to a warrant for the amount due, and the auditor shall draw his warrant on the treasurer accordingly. 1298. SEC. 5. The officers and employés already seofficers and em- lected by the respective houses of the present general general assembly 'assembly, shall be considered as properly elected without further action on the part of either house. Emergency. 1299. SEC. 6. Inasmuch as there may be doubts as to whether or not the officers and employés of the present general assembly can receive compensation until this act takes effect, therefore this act shall take effect immediately. Approved, November 23, 1876. Certificates of mileage. AN ACT REGULATING THE MANNER IN WHICH MEMBERS OF THE Be it enacted by the General Assembly of the State of Colorado: 1300. SECTION I. Each member of the general assemiattendance and bly shall receive from the presiding officer of the house to which he belongs, a certificate setting forth the number of days of attendance of such member, and the amount due for mileage, and such certificate when presented to the auditor shall entitle the holder thereof to a warrant for the amount due, and the auditor shall draw his warrant accordingly. pres- Emergency. 1301. SEC. 2. Inasmuch as it is believed that the ent general assembly will adjourn sine die within ninety days from the passage of this act, with no provision for the payment of its members except as herein provided, therefore, this act shall take effect and be in force from and after its passage. Approved, December 23, 1876. AN ACT TO PROVIDE FOR THE COMPENSATION OF THE MEMBERS OF Be it enacted by the General Assembly of the State of Colorado: Per diem compensation and ,bers of general 1302. SECTION I. That hereafter each member of the general assembly of this state shall receive as compensa- mileage of memtion for his services the sum of four dollars for each days' assembly. attendance, and fifteen (15) cents for each mile necessarily traveled in going to and from the seat of government by the most usually traveled route. Approved, March 7, 1877. CHAPTER XLIII. GUARDIAN AND WARD. [ Revised Statutes, Chapter XL] guardians; when court to appoint. 1303. SECTION I. Courts of probate in their respective when minors counties, shall admit orphan minors above the age of four- may choose teen years, the father being dead, to make choice of guardians, and appoint guardians for such as are under the age of fourteen years. court if minor refuses to choose 1304. SEC. 2. Whenever it shall be represented to said Appointment of court that any orphan minor above the age of fourteen guardian by years has not a guardian, it shall be the duty of said court neglects or to issue a notification to such minor to appear before the on notification. said court, at a time therein specified, and choose a guardian; and if such minor shall neglect or refuse to appear, or appearing, shall neglect to choose a guardian, the said court shall appoint one for such minor, as if such minor were under the age of fourteen years. Guardian of minor having estate not de rived from fath father, to have but not contiol of person of minor. 1305. SEC. 3. When a minor, having a father living, shall be entitled to, or possessed of, any estate, real or perer; if other than sonal, not derived from his or her father, the said court of charge of estate, probate shall notify the father to appear and show cause why a guardian for such minor shall not be appointed; and if sufficient reason be not shown, may appoint the father, if he be a proper person; if not, then such other person as the minor, if of the age of fourteen years, may choose. If such minor shall refuse or neglect, or be not of sufficient age to choose a guardian, the court shall appoint some fit person to be guardian for such minor; and when any person is appointed guardian, other than the father, he shall have the charge and management of the estate, but no control over the person of the minor. Guardians to 1306. SEC. 4. Guardians, by virtue of their office as prosecute and such, shall be allowed in all cases to prosecute and defend for their wards. defend for their wards. ian; amount, security and condition. 1307. SEC. 5. The court of probate shall take, of each Bond of guard- guardian appointed under this chapter, bond, with good security, in a sum double the amount of the minor's estate, real and personal, conditioned as follows: The condition of this obligation is such, that if the above bounden A. B., who has been appointed guardian for C. D., shall faithfully discharge the office and trust of such guardian, according to law, and shall render a fair and just account of his guardianship, to the county court of the county of -——————, from time to time, as he shall be thereto required by said court, and comply with all the orders of said court, lawfully made, relative to the goods, chattels, and moneys of such minor, and render and pay to such minor all moneys, goods and chattels, title papers, and effects, which may come to the hands or possession of such guardian, belonging to such minor, when such minor shall be thereto entitled, or to any subsequent guardian, should such court so direct, then this obligation shall be void, otherwise to remain in full force and virtue. Which bond shall be taken, to the peoon first recovery. ple of the state of Colorado, for the use of such minor, and shall not become void upon the first recovery, but may be put in suit from time to time against all or any one or more of the obligors, and to the use and benefit of any Not to be void person entitled by a breach thereof, until the whole penalty shall be recovered thereon. In all cases of any person being appointed guardian for more than one ward, at one time, the judge of probate shall include all in one bond. Accounts of 1308. SEC. 6. Courts of probate shall have power, in their respective counties, with or without previous complementary plaint, by an order duly made and served, to oblige all security. guardians of minors, from time to time, to render their respective accounts, upon oath, touching their guardianship, to said courts for adjustment, and shall have power to compel such guardians to give supplementary security whenever it shall judge proper, and in default thereof to remove such guardians. Removal of cause; delivery effects of minor 1309. SEC. 7. The court of probate, in all cases, shall have power to remove guardians for good and sufficient guardian for reasons, which shall be entered upon record, and to ap- of property and point others in their place, or in the place of those who to successor. may die, who shall give bond and security for the faithful discharge of their duties as heretofore prescribed in this chapter; and when any guardian shall be removed, or die, and a successor be appointed, the court shall have power to compel such guardian so removed, or the executors or administrators of a deceased guardian, to deliver up to such successor all goods, chattels, moneys, title papers or other effects belonging to such minor, which may be in the possession of such guardian so removed, or of the executors or administrators of a deceased guardian, or of any other person or persons who may have the same, and upon failure, to commit the party offending to prison until he, she or they comply with the order of the court. Powers and guardians in moneys and 1310. SEC. 8. Guardians shall have power to demand, sue for and receive all moneys belonging to their wards, duties of from executors or administrators, as soon as the same may relation to be collected; or of any other person or persons in whose estate of wards. hands or possession the same may be; and it shall moreover be their duty to put to interest the moneys of their wards, upon mortgage security, to be approved by the court; which letting shall always be for one year, and at the end of each year the interest shall be added and made part of the principal; and said guardian shall also have Education and payments for out 9. power to lease the real estate of the ward, upon such terms and for such length of time as the court of probate shall direct: Provided, such leasing shall never be for a longer time than during the minority of the ward, and the minority of females shall cease at the age of eighteen years. 1311. SEC. SEC. 9. The guardian shall have power, under nurture of ward; the direction of the court of probate, to superintend the of ward's estate. education and nurture of the ward, and for that purpose may pay out such portions of the ward's money as the court of probate shall from time to time by order direct: Provided, that the rents and profits arising from his estate, and next the interest on the ward's money, shall always be first resorted to for the education and nurture of the ward. Sale of real 1312. SEC. 10. The district court may, for just and estate of ward. reasonable cause, being satisfied that the guardian has faithfully applied all the personal estate, order the sale of the real estate of the ward, on the application of the guardian by petition in writing stating the facts, and having given notice to all persons concerned, of such intended application, in some public newspaper printed in the state, or by setting up written notices in three of the most public places in the county, at least three weeks before the sitting of the court; such order may enable the guardian to sell and convey the real estate for the support and education of the ward, or to invest the proceeds in other real estate. The court, in such order, shall direct the time and place of sale, the notice thereof to be given, and may direct the sale to be made on reasonable credit, and require such security from the guardian and purchaser as the interest of the ward may require. It shall be the duty of the guardian making such sale, as soon as may be, to make return of such proceedings to the court granting the order, which, if approved by the court, shall be recorded, and shall vest in the purchasers all the interest the ward had in the estate so sold; application for the sale of such real estate shall be made to the court of the county where the whole or part of the estate shall be situated. 1313. SEC. II. An account of all moneys received by any guardian for any sale of real estate of any minor, as afore |