The Elbert County tribune., 1917-10-19

al Of the surrogate or probate judge
may select their own guardian.
There is a mistaken idea that q man
entering military service 10 protected
MS to debts and litigation against him.
The idea has arisen from the fact that
In Europe. after the beginning Of the
war some Of the governments suspend
ed the obligations on debts and con-
tracts.
Not 4 Light Excuse.
The best opinions are to the effect
that state governments under our Con-
stitution cannot suspend these obliga-
tions. This means that the fact that
he Is away on military service Is not
legal excuse for failing to perform
obligations, pay debts, insurance pre-
miums. ipstalments due on furniture,
etc.
If there is a case now in court
against a soldier he must make proper
provision for attending to 1t. He
should engage lawyer and have him
advise whether to appear or defend.
This is protection. for thereafter all
notices of proceedings in the case will
be sent to the attorney and he will look
after the soldiers interests. A soldier
must remember that an action may
legally be brought against him In his
absence and after he has left home.
There are rules governing this phase
that give a defendant an opportunity
to answer In an action brought against
him.
However, II he be served by publica-
tfop or hu rarcnpa1 parxtca optci1a IN
state and there is no one to take care
of his interests judgment by default
may be entered against the soldier.
His property may be seized and sold
on execution. excepting those chattels
the law specially exempts. The ad-
visable thing for a soldier to do is to
close up his affairs before leaving For
protection In the event that action be
brought against him, he should instruct
some one living In his home to take any
legal papers Immediately to his attor-
ney.
If he has any goods such as furni-
ture. clothes jewelry. or other chattels
which he has bought by instalments or
which he owns under lease or a con-
dltionaI sale, the fact that he is called
away will not relieve him from condi-
tions in his contract or from making
the specified payments as they come
due.
The best. thing to do. II he cannot
pay up the balances due, is to arrange
to have some responsible person make
the payments regularly for him.
Goods May Be Taken.
If he fails to make any provision, the
goods are liable to be taken away from
him on default. After this the seller
must go through certain formalities,
for the law makes certain provisions
in his favor. These matters are some
what involved and technical, so that
1t Is wise to take the contract to his
attorney and have him advise as to his
rights and as to his obligations.
In regard to mortgages on real es-
tate and personal property, his absence
is no legal excuse for failure to make
payments as specified in the mortgage
bond or the mortgage itself. Foreclos-
ure may follow.
A lease of his residence is not ter
minated by the war or the necessities
of the draft. If goods are in storage
the warehouseman has lien and may
sell them to satisfy bill. power Of
attorney, under seal and acknowledged
before a notary, is safeguard for the
interests of the soldier.
Entering the service does not excuse
him from paying his premiums on life
Insurance. and failure to do so may
cause the policy to lapse. The benefl-
ciary will suffer.
He should arrange with some one to
pay the premiums as they are due. The
''war cause" In the policy-some have
it-provides for payment at long inter-
vals- and that insurance is not to be
paid If the insured meets his death In
active military or naval service within
certain period after the Issuing Of
the policy.