as such court may direct, when it satisfactorily appears that no injury can result therefrom to those interested in the estate. 44. (SEC. 29.) Complaint for embezzlement-citation to suspected person. Upon complaint to the judge of probate, by a guardian, ward, creditor, or other person interested in the estate of a ward, or by any person having any prospective interest therein, as heir or otherwise, against any one suspected of having fraudulently concealed, embezzled or conveyed away any of the money, goods or effects, or any instrument in writing, belonging to the ward, the judge may cite and examine such suspected person, although he is the guardian, and proceed with him as to such charge, in the same manner as is provided with respect to persons suspected of concealing or embezzling the effects of a deceased person. 45 (SEC. 30.) Expenses and compensation of guardians. Every guardian shall be allowed his reasonable expenses incurred in the execution of his trust, and such compensation for his services as the court in which his accounts are settled deems just and reasonable. * 46. Accounts, when to be rendered. Guardians of minor children and insane persons shall be required to render an account on oath of the property, money and effects in their hands, and all proceeds and interest derived therefrom, and the management and disposition thereof, within one year after their appointment, and at such other times as the judge of probate of the county having jurisdicdiction of the person and estate of their said wards shall require. (1875, c. 38, § 1.*) *$47. Order for examination of account-service and publication. Upon the delivery of said account into the probate court, the judge thereof shall make an order appointing a time and place when and where he will examine the said account, and shall cause a copy of the said notice to be served upon the next of kin of said wards, and all persons interested in the estate of said wards, by a publication thereof for the period of two weeks in some newspaper printed and pub. lished in the county wherein the said minors or insane persons reside, or by a personal service of the said order upon them, at least ten days before the day appointed for such examination, as the court may direct. (Id. § 2.) * 48. Examination of account and of guardian. At the time and place so as aforesaid appointed for the examination of the said account, or any time to which the said hearing shall have been adjourned, the judge of probate shall examine the said account, and the said guardian, on oath, touching the same, and all persons who shall appear for the purpose of objecting to the said account, and to show cause why the same should not be allowed. (Id. § 3.) * 49. Order allowing account. If, upon such examination, the judge of probate shall be satisfied that the said [account] is in all things correct, he shall make an order allowing the same; but no guardian's account shall be allowed as aforesaid until such notice of such hearing and examination shall have been given. (Id. § 4.) *An act to provide for the rendering of accounts by guardians. Approved March 9, 1875, (Laws 1875, 38.) 1. Who may be bound as apprentices. All children under the age of fourteen years may be bound as apprentices or servants until that age; and all minors above the age of fourteen years may be bound as apprentices or servants, males to the age of twenty-one years, and females to the age of eighteen years, or to the time of their marriage within that age, in the manner prescribed in this chapter. 2. Who may bind apprentices. Children under the age of fourteen years may be bound by their father, or, in case of his death or incompetency, by their mother, or by their legal guardian; and, if illegitimate, they may be bound by their mother; and if they have no parent competent to act, and no guardian, they may bind themselves, with the approbation of the county commissioners of the county where they reside; but the power of a mother to bind her children, whether legitimate or illegitimate, shall cease upon her subsequent marriage, and shall not be exercised by herself or her husband, at any time during such marriage. 3. Consent of minor to be expressed in indenture, when. Minors above the age of fourteen years may be bound in the same manner: provided, that when they are bound by their parent or guardian, the consent of the minor shall be expressed in the indenture, and testified by his signing the same. 4. Indenture necessary-requisites thereof. No minor shall be bound, as aforesaid, unless by an indenture of two parts, sealed and delivered by both parties; and when made with the approbation of the county commissioners, their approbation shall be certified in writing, signed by them, upon each part of the indenture. 5. Age of minor to be expressed in indentnre-duty of public officers. The age of every infant, bound pursuant to the provisions of this chapter, shall be inserted in the indentures, and be taken to be the true age, without further proof thereof; and whenever any public officers are authorized to execute any indentures, or their consent is required to the validity of the same, they shall inform themselves fully of the infant's age, and deposit the counterpart of any indentures executed by themselves in the registry of deeds of their county. 6. Provision for education of apprentice. Provision shall be made in every indenture specified in this chapter, for teaching the apprentice to read and write, and to be instructed in the general rules of arithmetic. When, however, any minor is bound for a less term than three years, such agreement in reference to the instruction of such minor may be made as shall be deemed right. § 7. Consideration paid by master to be secured to minor. All considerations of money or other things, paid or allowed by the master, upon any indenture of apprenticeship or service, made in pursuance of this chapter, shall be paid or secured to the sole use of the minor bound thereby. § 8. Inquiry into treatment of apprentices. All persons shall inquire into the treatment of apprentices bound by them respectively, or with their approbation, and of all bound by their predecessors in office, and defend them from all cruelty, neglect and breach of contract on the part of their masters. § 9. Complaint for misconduct of master or apprentice-proceedings thereon. Complaints by parents, guardians or county commissioners, for misconduct or neglect of the master, and by the master, for gross misbehavior, or refusal to do his duty, or wilful neglect thereof, on the part of the apprentice or servant, may be made to the court of the county where the master resides, setting forth the facts and circumstances of the case. The court shall order notice to the adverse party, and, if the complaint is by the master, to all persons who have covenanted in behalf of the apprentice or servant, and to the county commissioners who approved of the indenture, or their successors in office, and shall hear aud determine the case, and render judgment accordingly. § 10. Judgment discharging indenture. The court may render a judgment or decree that the minor be discharged from his apprenticeship or service, or the master from his contract; and the minor thus discharged may be bound out anew. § 11. Same-award and recovery of costs. Costs may be awarded to the prevailing party, and execution issued therefor; but no costs shall be awarded against county commissioners, unless it appears that the complaint was made without just and reasonable cause. Costs in favor of the master may be recovered of the parent or guardian who executed the indenture, or, if there is no parent or guardian liable therefor, such costs may be recovered against the minor when he arrives at full age. § 12. Action against master on indenture. Every master is also liable to an action on the indenture, for the breach of any covenant on his part therein contained, which action shall be brought in the name of the minor, by his guardian or next friend, or by himself after his majority; but no such action can be maintained unless commenced during the term of apprenticeship or service, or within two years after the expiration thereof. § 13. Same-damages recovered to belong to minor. If such action is brought, and a recovery had, during the minority of such apprentice or servant, the damages recovered in such action, after paying the necessary charges of the prosecution, shall be the property of the minor, and may be appropriated to his use, or invested for his benefit, in the same manner as any other property belonging to him. § 14. Same-discharge of minor from apprenticeship. If judgment in such action, upon the final determination thereof, is renderad for the plaintiff, the court in which the same is prosecuted, may, thereupon, by an order to be entered on its minutes, discharge the minor from his apprenticeship or service, if it has not already been done in the manner before provided; and the minor may thereupon be bound out anew. § 15. Power of court to order refunding of money. When any servant, apprentice or master is discharged from any indenture, in pursuance of the provisions of this chapter, and any sum of money has been paid or agreed for by either party on the execution of such indenture, the court may, at the time they discharge such person from the indenture, also order such sum of money, or any part thereof, as the equity of the case may require, to be refunded, if paid, to him who advanced the same, or his personal representative; and if not paid, they may, by order, discharge the same, and direct any securities given therefor to be delivered up or cancelled. $ 16. Death of master discharges apprentice. No indenture of apprenticeship or service made in pursuance of this chapter, shall bind the minor after the death of the master; but the minor shall be thenceforth discharged therefrom, and may be bound out anew. § 17. Provisions of chapter to apply to mistresses. All the foregoing provisions shall apply as well to mistresses as to masters. § 18. Chapter not to affect common-law right of father. Nothing contained in this chapter shall affect a father's right, at common law, to assign or contract for the service of his children during their minority. § 1. Marriage a civil contract. Marriage, so far as its validity in law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting, is essential. 23 M. 528. § 2. Who is capable of contracting marriage. Every male person who has attained the full age of eighteen years, and every female who has attained the full age of fifteen years, is capable in law of contracting marriage, if otherwise competent. § 3. Persons prohibited from marrying. No marriage shall be contracted while either of the parties has a husband or wife living, nor between parties who are nearer of kin than first cousins, computing by the rules of the civil law, whether the half or the whole blood. § 4. Marriages, by whom solemnized. Marriages may be solemnized by any justice of the peace in the county in which he is elected; and throughout the state, by any judge of a court of record, or any ordained minister of the gospel, in regular communion with any religious society. § 5. Credentials of ministers to be filed and recorded, etc. Ministers of the gospel, before they are authorized to perform the marriage rite, shall file a copy of their credentials of ordination with the clerk of the district court of some county n this state, who shall record the same, and give a certificate thereof; and the place where such credentials are recorded shall be endorsed upon each certificate of marriage granted by any minister, and recorded with the same. § 6. Parties may be examined on oath. All judges, justices of the peace, and ministers of the gospel may, before solemnizing any marriage, examine at least one of the MARRIAGE. [CHAP. parties on oath, which oath they are authorized to administer, as to the legality of such intended marriage; and in no case shall such judge, justice or minister solemnize a marriage, if he is satisfied that there is any legal impediment thereto. § 7. License to be obtained from clerk before marriage. Previous to persons being joined in marriage, a license shall be obtained from the clerk of the district court of the county in which the female resides, or, if not a resident of this state, then from the clerk of the district court in the county where the marriage is to take place in this state; but if there shall be no such clerk in the county where such female resides, or where the marriage is to be solemnized, then no such license shall be required. § 8. Duty of clerk-inquiry as to impediments-record of license-consent of parents-fees. The clerk of the district court, as aforesaid, may inquire of the party applying for marriage license, as aforesaid, upon oath or affirmation, relative to the legality of such contemplated marriage; and if the clerk shall be satisfied that there is no legal impediment thereto, then he shall grant such marriage license, and shall make a record thereof; and if any persons intending to marry shall be under age, and shall not have had a former wife or husband, the consent of the parents or guardians shall be personally given before the clerk, or certified under the hand of such parent or guardian, attested by two witnesses, one of whom shall appear before said clerk, and make oath or affirmation that he saw said parent or guardian subscribe, or heard him or her acknowledge the same: and said clerk is hereby authorized to administer such oath or affirmation, and thereupon issue and sign such license, and affix thereto the seal of the court. The clerk shall be entitled to receive, as his fee for administering the oath, and granting the license with the seal affixed thereto, recording the certificate of marriage, and filing the necessary papers, the sum of two dollars; and if any clerk shall in any other manner issue or sign any marriage license, he shall forfeit and pay a sum not exceeding one thousand dollars to, and for the use of, the parties aggrieved. § 9. No particular form of marriage requried. In the solemnization of marriage, no particular form is required, except that the parties shall declare, in the presence of the judge, minister or magistrate, and the attending witnesses, that they take each other as husband and wife; and in every case there shall be at least two witnesses present, besides the person performing the ceremony. § 10. Certificate of marriage to be given. Whenever a marriage is solemnized, the person solemnizing the same shall give to each of the parties, if requested. a certificate thereof, specifying therein the names and residence of the parties, and of at least two of the witnesses present, and the time and place of such marriage. § 11. Certificate to be returned to clerk-filing and record, Every person solemnizing a marriage shall make a certificate under his hand, containing the particulars specified in the next preceding section, and shall deliver the same to the clerk of the district court in the same county where the license was issued, and a duplicate with the clerk in the county where the marriage was solemnized, which certificate shall be filed and recorded by said clerk in a book to be kept by him for that purpose; and said clerk shall be entitled to receive the sum of twentyfive cents for recording said duplicate certificate, from the person offering the same for record. (As amended 1871, c. 94, § 1.) § 12. Failure to deliver certificate penalty. Every person solemnizing a marriage, who neglects to make and deliver to the clerk a certificate thereof, within the time above specified, shall forfeit a sum not more than one hundred dollars; and every clerk who neglects to record such certificate, so delivered, shall forfeit the like penalty. §13. Solemnizing marriage illegally—false certificate-penalty. If any person authorized by law to join persons in marriage, knowingly solemnizes any marriage |