« ForrigeFortsett »
Petition for Appointment of Guardian for an Insane Person.
To the Hon. Thomas W. Freelon, County Judge and Judge of the Probate Court of the County of San Francisco. The petition of Mary Ann Denny, of the city of San Francisco, respectfully showeth, That she is the sister of Mary Champlain, whose maiden name was Sarah Twist, and who is at present at the residence of Mrs. Eagle, near Pacific street, in the said city of San Francisco. hat the said Sarah Champlain is the owner and possessed or entitled to the possession of certain property; that she is insane and mentally incompetent to manage her property. Wherefore, your petitioner prays that such proceedings may be had and taken in the premises, as may be necessary for the appointment of a guardian of the person and estate of the said Sarah Champlain, and that such guardian be appointed. Sworn to, &c. MARY ANN DENNY.
Order that Insane Persons be Notified and be Produced before Probate Judge.
In the matter of the Insanity of | Sarah Champlain. On reading the foregoing petition, it is ordered, that the above matter come up for a hearing before me at the county court room [or, at my chambers] in the city-hall of the city of San Francisco, on the 27th day of October, A. D. 1856, at 11 o'clock, A. M., of that day, and that notice be given to the said Sarah Champlain of the time and place of hearing the case, not less than five days before the time so appointed. And that the said Sarah ğ. if able to attend, be produced before me on the hearing. #. W. FREELON, County Judge. San Francisco, October 22d, 1856.
Order Appointing Guardian of an Insane Person.
Probate Court of said county.
incompetent to manage his property, and praying for the apointment of a guardian of the person and estate of the said \!. Saxe, caused a notice to be given to the said. Morris Saxe of the time and place of hearing the case, not less than five days before the time so appointed; and on reading and filing proof of due personal service of said notice upon said Morris Saxe. After a full hearing and examination upon such petition, it appearing to the probate judge that the said Morris Saxe, is insane and incapable of taking care of himself and managing his property, it is ordered, that James R. Jones of said city and county, who is hereby required to execute to the said Morris Saxe, a bond, according to the statute in such case made and provided, with sufficient sureties, to be approved by said probate judge, in the sum of sixteen hundred dollars, be, and he is hereby appointed guardian of the person and estate of Morris Saxe, above named, upon giving such bond. T. W. FREELON, County Judge. Dated, San Francisco, January 5th, A. D., 1857.
Know all men by these presents, that we, A. B., C. D. and E. F., are held and firmly bound unto K. A., an insane person, in the sum of five hundred dollars, lawful money of the United States of America, to be paid to the said K. A., for which payment well and truly to be made, we bind ourselves, our executors, administrators and assigns, jointly and severally, and firmly by these presents. . Sealed with our seals, and dated this twenty-second day of March, 1858. The condition of the above obligation is such, that, whereas application has been made to the judge of the Probate Court of the city and county of San Francisco, state of California, for the appointment of A. B. guardian of the person and estate of the Said K. A., Now, therefore, if the said A. B. be appointed such guardian, and shall faithfully perform the duties of his trust according to law, and shall: 1st. Make a true inventory of all the estate, real and personal, of his said ward that shall come to his possession or knowledge; and shall return the same within such time as the said judge shall order. 2d. Shall dispose of and manage all such estate according to law, and for the best interest of said ward, and faithfully discharge his trust in relation thereto; and also in relation to the care, custody and education of said ward. 3d. Shall render an account on oath of the property, estate and moneys of said ward in his hands; and all proceeds or interest derived therefrom, and of the management and disposition of the same within one year after his appointment, and at such other times as the court shall direct; and 4th. At the expiration of his trust shall settle his accounts with the probate judge, or with the said ward, if he be of full age, or his legal representatives; and shall pay over and deliver all the estate, moneys and effects remaining in his hands, or due from him on such settlement, to the person or persons who shall be lawfully entitled thereo, Then this obligation shall be void and of no effect, else to re
main of full force and virtue. A. B. [L. S.]
Sealed and delivered in the presence C. D. [L. s.]
of D. P. E. F. L. s.] State of California, SS : City and County of San Francisco, ( " '
C. D. and E. F., being duly sworn, each for himself says, that he is a freeholder resident in said state, and is worth the said sum of five hundred dollars over and above all his just debts and liabilities, exclusive of property exempt from execution. C. D.
E. F. Sworn to before me this 22d day of March, 1858, D. P. BELKNAP, Deputy Clerk of the Probate Court.
State of California,
City and County of San Francisco,
J. W. McKenzie respectfully represents, that there is now in said city and county, a person named Pierre Larme, who is insane, and suffering under mental derangement, and is, by reason of insanity, unsafe to be at large, and is a proper subject for the insane asylum.
And the said J. W. McKenzie being duly sworn, deposes and says the foregoing statement is true: wherefore he prays that
such action may be had as is by law required, and that the said
Pierre Larme may be sent to the insane asylum at Stockton.
Subscribed and sworn to this 10th J. W. McKENZIE. day of May, A. D. 1859, before me, .
M. C. BLARE, County Judge.
We, F. A. Holman and S. R. Gerry, being duly sworn, do de; pose and say, that we are physicians, residing in said city and county: that, at the request, and in the presence of M. C. Blake, county judge of said city and county, we have carefully examined Pierre Larme, named in the foregoing application, and do find, and so certify, that said Pierre Larme is insane, suffering under mental derangement, and by reason of insanity unsafe to be at large, and is a proper subject for the insane asylum, as set forth in said application. That, as near as can be ascertained, said Larme is twenty-six years old, was born in Lyons, France, has been in this state one month, came here from the state of New York, his previous habits good, cause of insanity epilepsy, has been affected from early life, class of insanity dementia from epilepsy, and his present condition is quiet, physical health good. | Subscribed and sworn to before me, S. É. GERRY, M. D. this 10th day of May, A. D. 1859. F. A. HoLMAN, M. D. M. C. BLAKE, County Judge.
Certificate on the above Application.
The foregoing application having been duly made to me, M. C. Blake, county judge of the city, and county of San Francisco, and Pierre Larme, named in said application, having this day been brought before me, and in my presence carefully examined by Doctors Holman and Gerry, two respectable physicians, and they having thereupon made the foregoing certificate, by them duly subscribed and sworn to, and being myself fully satisfied of the truth of all the matters set forth in said application and certificate, I do hereby order the said Pierre Larme, to be conveyed to and placed in the insane asylum at Stockton; and the sheriff of said city and county is charged with the execution of this order.
Upon inquiry duly made, as by law required, I find, as the result thereof, that the said Pierre Larme has no means of paying the charges and expenses for the time he may remain at the asylum.
Witness my hand and the seal of our county court, this [L. s.] 10th day of May, A. D. 1859. M. C. BLAKE, County Judge. Attest, WILLIAM DUER, County Clerk. By J. F. Bow MAN, Deputy County Clerk.
Assign MENTs of the property of insolvent debtors can only be made, in California, in accordance with the statute for “the relief of insolvent debtors, and the protection of creditors;” the old practice of voluntary assignments for the benefit of creditors, at common law, being rendered void. By that statute, an insolvent debtor is authorized to petition the district or county court, to make a surrender and cession of all his estate for the payment of his debts; and after due notice is given, by publication under the order of the court, a meeting of the creditors is convened, when assignees are appointed who take the assets of the debtor; and if within ten days thereafter no opposition be made by any creditor, or if made, after due trial of the questions raised by such opposition, the same be decided in favor of the debtor, and if the proceedings have been conducted according to the requirements of the statute, and are free from fraud, the debtor is discharged from all further liability on account of all the debts and liabilities he has set forth in his schedule. The assignees then proceed to realize the assets, and distribute, pro rata, among the creditors. . The above outline expresses merely the theory of the statute of 1852, which may be referred to at length in Wood's Digest, page 496. The following amendment is found in the laws of 1858, page 58: SECTION 1. Section thirtieth of said act is hereby amended to read as follows: All insolvent debtors owing, or accountable in any manner for public funds, or property of whatever nature ol kind; all unfaithful depositaries; all such as refuse or neglect to pay up all funds received by them as bankers, brokers, commission merchants, or for money, goods, or effects received by them in a fiduciary capacity, shall be denied the benefit of this act ;