with intent to cheat or defraud his creditors or any of them or with a fraudulent intent to hinder or delay his creditors or any of them in the collection of his or their demands, shall sell, transfer, secrete, encumber, or in any way fraudulently dispose of any of or all of his goods, wares, merchandise, chattels, bills receivable, choses in action, or property of any kind, or who, upon any sale of any goods, wares, merchandise, or property of any kind, with a fraudulent intent to hinder or delay or to cheat or defraud his creditors r any of them, shall secrete, assign, transfer, conceal, or in any way fraudulently dispose of all or any part of the proceeds of any such sale of any property, he or they shall be deemed guilty of a fraudulent transfer of property, and upon conviction thereof shall be punished in the same manner and to the same extent as if he had been convicted of the larceny of the same property. [Laws 1883, chap. XLVI.]

fraudulent sale, transfer, secretion, encumbrance, or disposal of the property with the intent to defraud creditors, is constitutional and valid, 21 Neb. 51.

CHAPTER 33.—GRASSHOPPERS.

SECTION 1. [Destruction.]-That the supervisors of each road district in this state shall, at the time when the grasshoppers shall have been hatched out and before the same shall become full fledged and able to fly, notify each able-bodied male resident of his district, between the ages of sixteen and sixty years, to perform two days labor, at such time and at such place and in such manner as shall by said supervisor be deemed most efficient, in the destruction of the grasshopper. Said notices shall be given in the same manner as is provided by law for the notice to work upon the public highways. [1877, § 1, 154.]

SEC. 2. In cities.]-Cities of the first and second class shall be governed by the provisions of this act; and it shall be the duty of the mayor of such cities to appoint not exceeding two supervisors for each ward to oversee the labor to be performed under the provisions of this act.

SEC. 3. [Additional labor.]-In case it shall appear that two days work is not sufficient to destroy the grasshoppers in any district or ward, and it shall further appear that more time can be profitably employed in the destruction of the grasshopper, the supervisors of such ward or road district may require from the persons liable to the provisions of this act not exceeding ten days labor in addition to the time herein before mentioned, and it shall be the duty of such supervisor to give to each person who shall have performed labor under the provisions of this section a receipt for the number of days labor performed, and the supervisor shall upon oath report to the city or county authorities the names and amount of labor performed by each person.

SEC. 4. [Failure to work-Penalty.]-It shall be the duty of all persons subject to the provisions of this act to attend when notified as herein provided, and labor under the direction of the supervisor of their respective district or ward. Any person who after being notified shall refuse, neglect, or fail to comply with the provisions of this act shall forfeit and pay to the county or city treasurer, as the case may be, the sum of ten dollars, together with costs of suit, which sum shall be collected by suit before any justice of the peace within the county, in an action to be brought in the name of the city or county,

SEC. 5. [Report of supervisor.]-The supervisor shall report, under oath, to the city or county authorities, the names of all persons who shall have refused or failed to comply with the provisions of this act.

CHAP. 33. "An act to provide for the destruction of grasshoppers." Passed and took effect Feb. 19, 1877, Laws 1877, 154.

CHAPTER 34.-GUARDIANS AND WARDS.

SECTION 1. [Minors.]-All male children under twenty-one, and all females under eighteen years of age are declared to be minors; but in case a female marries between the age of sixteen and eighteen, her minority ends. [R. S. 178. G. S. 396.]

SEC. 2. [Guardians.]-The court of probate in each county, when it shall appear to him necessary or convenient, may appoint guardians to minors and others. being inhabitants or residents in the same county, and also to such as shall reside without the state, and have an estate within the same..

SEC. 3. [Appointment.]—If the minor is under the age of fourteen years, the court of probate may appoint his guardian, and if he is above the age of fourteen years he may nominate his own guardian, who, if approved by the court, shall be appointed accordingly.

SEC. 4. [Same.]-If the guardian nominated by such minor shall not be approved by the court, or if the minor shall reside out of the state, or if, after being cited by the court, he shall neglect to nominate a suitable person, the court may appoint the guardian in the same manner as if the minor were under the age of fourteen years.

SEC. 5. [Same.]—When such minor, being above the age of fourteen years, shall reside more than ten miles from the place of holding the court, his nomination of a guardian may be certified to the court of probate by a justice of the peace, which shall have the same effect as if made in the presence of the court.

SEC. 6. [Parents.]-The father and mother are the natural guardians of their minor children, and are equally entitled to their custody, and to care for their education, being themselves competent to transact their own business and not otherwise unsuitable. If either dies, or is disqualified for acting, the guardianship devolves upon the other. [Amended 1885, chap. 54.]

SEC. 7. [When minor is an orphan.]—If the minor have no father or mother living, and competent to have the custody and care of the education of such minor, the guardian so appointed shall have the custody and tuition of his ward.

SEC. 8. [Duty of guardian.]-Every guardian appointed as aforesaid shall have the care and management of the estate of the minor, and shall continue in office until such minor shall arrive at the age of twenty-one if a male, or eighteen years if a female, or until the guardian shall be discharged according to law.

SEC. 9. [Bond.]-Every such guardian shall give bond, with surety or sureties, to the judge of probate, in such sum as the court shall order, with condition as follows: First-To make a true inventory of all the real and personal estate of the ward that shall come to his possession or knowledge, and to return the same into the court at such time as the law directs. Second-To dispose of and manage all such estate and effects according to law, and for the best interests of the ward, and faithfully to discharge his trust as such guardian. Third-To render an account on oath of the property in his hands, including the proceeds of all the real estate which may be sold by him, and of

CHAP. 34. General duty of guardian; guardian may foreclose mortgage owned by ward. 10 Neb. 124. License to sell real estate may be granted at chambers. 13 Neb. 290. If in proper judicial district license may be granted in county other than where land lies. 14 Neb. 357. Non-resident infant not presumed to have a guardian residing in this state. 15 Neb. 30. Of insane and minor defendant; appearance; failure to appoint guardian ad litem when general guardian fails to appear does not render judgment void. 15 Neb. 297; 20 Id. 489; 21 Id. 683. Custody of infant child in case stated. 15 Neb. 462. Sale of property by guardian. 15 Neb. 503. Right of action on guardian's bond accrues to ward when amount due is ascertained by county court on settlement of guardian's final account. 17 Neb. 42. 21 Id. 534. Jurisdiction of court to appoint guardian ad litem. 16 Neb. 702. Petition for appointment of guardian signed in name of child, Held, Good, and sufficient to give court jurisdiction. 14 Neb. 61. Sale of real estate of ward; presumption of regularity of proceedings; settlement by ward after he becomes of age, ratifies acts of guardian. 16 Neb. 64. No action can be maintained by ward to recover land sold by guardian unless commenced within five years next after ward becomes of age. 16 Neb. 64. Liability of guardian for negligence in care of ward. 18 Neb. 182. Failure to appoint guardian ad litem, where real estate is sold by administrator, not fatal. 18 Neb. 298. License to sell real estate of minors; petition therefor must be in writ ing. 20 Neb. 602. Action on guardian's bond; accounts of guardians; duties of county court. 21 Neb. 534. Custody of children by parents. 15 Neb., 462. 30 Id., 624. 29 Id., 457. Disaffirmance of contracts by minors. 53 N. W. R.. 1039.

the management and disposition of such property within one year after his appointment, and at such other times as the court shall direct. Fourth-At the expiration of his trust, to settle his accounts with the court, or with the ward, or his legal representatives, and to pay over and deliver all the estate and effects remaining in his hands, or due from him on such settlement, to the person or persons who shall be lawfully entitled thereto.

SEC. 10. [Expenses of minor.]—If any minor, who has a father living, has property, the income of which is sufficient for his maintenance and education in a manner more expensive than such father can reasonably afford, regard being had to the situation of the father's family, and to all the circumstances of the case, the expenses of the education and maintenance of such minor may be defrayed out of the income of his own property, in whole or in part, as shall be judged reasonable, and shall be directed by the court, and the charges therefor may be allowed accordingly in the settlement of the accounts of such guardian.

SEC. 11. [Appointment of guardian by will.]—The surviving parent may, by last will, in writing, appoint a guardian, being competent to transact their own business, and not otherwise unsuitable, for any of the children, whether born at the time of making the will or afterwards, and every such testamentary guardian shall have the same powers and shall perform the same duties with regard to the person and estate of the ward as a guardian appointed by the court. [Amended 1885, chap. 54.]

SEC. 12. [Bond.]-Every such testamentary guardian shall give bond in like manner and with like condition as is hereinbefore required of a guardian appointed by the court; Provided, That when the testator, in the will appointing the guardian, shall have ordered or requested that such bond shall not be given, the bond shall not be required, unless, from a change in the situation or circumstances of the guardian, or for other sufficient cause, the court shall think proper to require it.

SEC. 13. [Appointment by courts.]-Nothing contained in this chapter shall impair or affect the power of any court to appoint guardians to defend the interests of minors, impleaded in such court, or interested in any matter then pending, nor their power to appoint or allow any person, as next friend for a minor, to commence, prosecute, or defend any suit in his behalf.

SEC. 14. [Guardian of insane person.]—When the relations or friends of any insane person, or of any person who, by reason of extreme old age, or other cause, is mentally incompetent to have the charge and management of his property, shall apply to the court of probate to have a guardian appointed for him, the court shall cause a notice to be given to the supposed insane or incompetent person of the time and place of hearing the cause, not less than fourteen days before the time so appointed.

SEC. 15. [Same.]-If, after a full hearing and examination, upon any such ap plication, it shall appear to the court that the person in question is incapable of taking care of him or her self and managing his or her property, he shall appoint a guardian of his or her person and estate, with the powers and duties hereinafter specified; Provided, That when a person has been declared insane by the commission of insanity, and no one applies to have a guardian appointed for such person for thirty days thereafter, it shall be the duty of the clerk of the district court to make application to the county court of such county to appoint a guardian for such persons. [Amended 1889, chap. 90.]

SEC. 16. [Same.]-Every guardian so appointed, as provided in the preceding section, shall have the care and custody of the person of his ward, and the management of all his estate, until such guardian shall be legally discharged, and he shall give bond to the judge of probate, in like manner and with the like condition as is before prescribed with respect to the guardian of the minor.

SEC. 17. [Guardian of spendthrift.]—When any person, by excessive drinking, or by gaming, idleness, or debauchery of any kind, shall so spend, waste, or lessen his estate as to expose himself or family to danger of want or suffering, or the county to charge or expense for the support of himself or family, any officer having

charge of the poor of the county, or justice of the peace of the county of which such spendthrift is an inhabitant, or in which he resides, may present a complaint to the court of probate, setting forth the facts and circumstances in the case, and praying to have a guardian appointed for him.

SEC. 18. [Same.]-The court shall cause notice to be given to such supposed spendthrift of the time and place of hearing the case, not less than ten days before the time so appointed, and if, after a full hearing, it shall appear to the court that the person complained of comes within the provision contained in the preceding section, he shall appoint a guardian of his person and estate, with the powers and duties hereinafter specified.

SEC. 19. [Contracts of spendthrift.]-After the order for notice has been issued, the complainant may cause a copy of the complaint, with the order for such notice, to be filed in the office of the county clerk of the county, and a minute thereof be entered on the lien book in said office; and if a guardian shall be appointed on such application, all contracts, except for necessaries at reasonable prices, and all gifts, sales, and transfers of real or personal estate, made by such spendthrift, after the filing of a copy of such complaint and order, as aforesaid, and before the termination of the guardianship, shall be utterly void.

SEC. 20. [Allowance to ward.]-When a guardian shall be appointed for an insane person, or a spendthrift, the court shall make an allowance to be paid by the guardian for all reasonable expenses incurred by the ward, in defending himself against the complaint.

SEC. 21. [Duties of guardians.]—Every guardian appointed for a spendthrift shall have the care and custody of the person of the ward and the management of all his estate until the guardian shall be legally discharged, and he shall give bond to the judge of probate in like manner and with like condition as is herein before directed with respect to the guardian of an insane person.

SEC. 22. [Payment of debts.]-Every guardian appointed under the provisions of this chapter, whether for a minor or for any other person, shall pay all just debts due from the ward out of his personal estate and the income of his real estate, if sufficient; or if not, then out of his real estate, upon obtaining license for the sale thereof, and disposing of the same in the manner provided by law.

SEC. 23. [Settlement of accounts, etc.]-Every such guardian shall also settle all accounts of the ward, and demand, sue for, and receive all debts due him, or may, with the approbation of the court, compound for the same, and give a discharge to the debtor on receiving a fair and just dividend of his estate and effects, and he shall appear for and represent his ward in all legal suits and proceedings, unless where another person is appointed for that purpose, as guardian or next friend.

SEC. 24. [Management of estates.]-Every guardian shall manage the estate of his ward frugally and without waste, and apply the income and profit thereof, as far as may be necessary, for the comfortable and suitable maintenance and support of the ward and his family, if there be any, and if such income and profits shall be insufficient for that purpose, the guardian may sell the real estate, upon obtaining a license therefor, as provided by law, and shall apply the proceeds of such sale, as far as may be necessary, for the maintenance and support of the ward and his family, if there be any.

SEC. 25. [Partition.]-The guardian may join in and assent to a partition of the real estate of the ward, in the cases and in the manner provided by law, and he may also assign and set out dower in the said estate to any widow entitled thereto.

SEC. 26. [Oath-Inventory of estate.]-Every guardian appointed by virtue of this chapter shall, before entering upon his duties, take and subscribe an oath or affirmation before the probate judge that he will faithfully perform the duties of guardian to such ward, according to law and the best of his ability. Every such guardian shall, within

SEC. 24. Guardians may foreclose mortgage belonging to ward. 10 Neb. 123.