moneys received

ward's estate to

said, shall be returned on oath, by such guardian, to the In what manner court of probate of the county where letters of guardian- from sale of ship were obtained, and such moneys shall be accounted be accounted for. for, and shall be subject to the order of the court of probate, in like manner as other moneys belonging to such

minor.

court of probate.

1314. SEC. 12. Appeals shall be allowed, in all cases, Appeals from from the order or judgment of the court of probate, the judgment of same in manner as is provided by law relative to wills and testaments, for executors and administrators and the settlement of intestates' estates.

Minors may sue

bond of cost to

1315. SEC. 13. Minors may bring suits in all cases whatever, by any person they may select as their next by next friend; friend; and the person so selected, shall file bond, with the be filed. clerk of the district court, or justice of the peace, before whom the suit may be brought, acknowledging himself bound for all costs that may accrue and legally devolve on such minor; after such bond shall have been so filed, said suit shall progress to final judgment and execution, as in other cases.

Education of

1316. SEC. 14. Guardians shall educate their wards; and it is hereby made the duty of all civil county officers wards. to give information to the court of probate of neglect or omission of any guardian to educte his or her ward; provided, when there are not moneys sufficient to teach the ward to read and write, and ground rules of arithmetic, and the guardian refuses and neglects to have him so educated, the court shall have power to put out to any other person, the ward, for the purpose of having the same so educated; the judge of probate shall, in all cases when information is made of the neglect of any guardian to educate his or her ward, and on the facts being established, to remove such guardian, and appoint a suitable person to act as guardian, and superintend the education of such minor orphan.

How money of

loaned.

1317. SEC. 15. Guardians shall have power to loan out the moneys of their wards, at interest, in sums not ex-wards may be ceeding one hundred dollars, on personal security, to be approved by the judge of probate: Provided, it shall not be let for a longer time than twelve months without renewal, and an approval of the security by the court, and if neg

Confirmation of guardians.

Disposition of tuition and custody of minor by deed or will of parent.

or deed.

lected longer, it shall be at the responsibility of the guardian. 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.

1318. SEC. 16. Guardians on final settlement shall be allowed such fees and compensation for their services as shall seem reasonable and just to the judge of probate, not exceeding what are or shall be allowed by law to adminis

trators.

1319. SEC. 17. Every father of sound mind and memory of a child likely to be born, or of any living child under the age of twenty-one years, and unmarried, may, by his last deed or will duly executed, dispose of the custody and tuition of such child during its minority, or for a less time, to any person or persons in possession or remainder; and every mother of sound mind and memory, being sole, may, in like manner, dispose of the custody and tuition of a child living, if a father has made no such disposition, or in any other manner restrained the right of the mother.

1320. SEC. 18. Every such disposition, from the time Rights, duties and powers of it shall take effect, shall invest in the person or persons to custodian of minor under will whom it shall be made, all the rights and powers, and subject him or them to all the duties and obligations of a guardian of such minor, and shall be valid and effectual against every other person claiming the custody and tuition of such minor: Provided, that the rights, powers, duties and obligations of such person or persons may be restrained and regulated by the person making such deed or last will, as aforesaid.

Maintenance of action for attention of

1321. SEC. 19. Any person to whom the custody of any minor is so disposed of, may take the custody and tuitodian; custody tion of such minor, and may maintain all proper actions of real estate. for the wrongful taking or detention of the minor; he shall

minor by cus

and management

also take the custody and management of the real and personal estate of such minor, unless restrained by the deed or will, as aforesaid, during the time for which such disposition shall have been made, and bring such actions in relation thereto as a guardian appointed under the provisions of the laws of this state.

1322. SEC. 20. Guardians appointed under the provis

guardian and

successor by

ions of this chapter, shall be subject to removal, upon com- Removal of plaint of any person in behalf of the minor, to the district appointment of court of the county in which such guardian may reside, and district court. proof made of mal-conduct or misbehavior in the performance of his duties, or of a failure to perform his duties; and upon the removal of a guardian, the said court is hereby vested with the power to appoint another guardian, and to make all such orders as may be necessary to compel the guardian removed to deliver over to his successor the custody of the minor, and to account for the estate, and pay over all moneys belonging to the ward, and to compel such successor to execute a bond, with good security, in such penal sum, and with such conditions as the court may deem necessary for the security of the rights of the minor; and the said court shall also have power, upon application of any person in behalf of the minor, to require all guardians appointed under the provisions of this chapter, by the father or mother, or by the court, to give bond and security, in such penalty and with such conditions as the court may deem necessary for the security and protection of the minor, and of his or her estate.

CHAPTER XLIV.

HABEAS CORPUS.

[Revised Statutes, Chapter XLI.]

Who may grant

ings necessary therefor.

1323. SECTION I. If any person shall be committed or detained for any criminal or supposed criminal mat- writ; proceedter, it shall and may be lawful for him to apply to the supreme or district courts, in term time, or any judge thereof in vacation, for a writ of habeas corpus; which application shall be in writing, and signed by the prisoner or some person on his behalf, setting forth the facts concerning his imprisonment, and in whose custody he is detained, and shall be accompanied by a copy of the warrant or warrants of commitment, or an affidavit that the said copy has been demanded of the person in whose custody the prisoner is detained, and by him refused

or neglected to be given. The said court or judge to whom the said application shall be made, shall forthwith award the said writ of habeas corpus, unless it shall appear from the petition itself, or from the documents annexed, that the party can neither be discharged nor admitted to bail, nor in any other manner relieved; which said writ, if issued by the court, shall be under the seal of the court, if by a judge, under the hand of a judge, and shall be directed to the person in whose custody the prisoner is detained, and made returnable forthwith; to the intent, that no officer, sheriff, jailer, keeper or other person, to whom such writ shall be directed, may pretend ignorance thereof, every such writ shall be indorsed with these words, "By the habeas corpus act;" and whenever the said writ shall, by any person, be served upon the sheriff, jailer or keeper, or other person whatsoever, to whom the same shall be directed, or being brought to him, or being left with any of his under-officers or deputies, at the jail or place where the prisoner is detained, he, or some of his under-officers or deputies, shall, upon payment or tender of the charges of bringing the said prisoner, to be ascertained by the court or judge awarding the said writ, and indorsed thereon, not exceeding fifteen cents per mile, and upon sufficient security given to pay the charges of carrying him back, if he shall be remanded, make return of such writ, and bring, or cause to be brought, the body of the prisoner, before the court or judge who granted the writ, or in case of the adjournment of the said court or absence of the judge, then before any other of the judges aforesaid, and certify the true cause of his imprisonment, within three days thereafter, unless the commitment of such person be in a place beyond the distance of twenty miles from the place where the writ is returnable; if beyond the distance of twenty miles, and not above one hundred miles, then within ten days; and if beyond the distance of one hundred miles, then within twenty days after the delivery of the writ as aforesaid, and not longer.

1324. SEC. 2. When any person, not being committed or detained for any criminal or supposed criminal matter, shall be confined or restrained of his or her liberty, under

wiit by person

liberty, but not

matter.

any color or pretense whatever, he or she may apply for a Application for writ of habeas corpus as aforesaid, in writing, signed by the restrained of party or some person in his behalf, settir.g forth the facts for any criminal concerning his or her imprisonment, and wherein the illegality of such imprisonment consists, and in whose custody he or she is detained; which application or petition shall be verified by the oath or affirmation of the party applying, or some other person on his or her behalf; if the confinement or restraint is by virtue of any judicial writ or process. or order, a copy thereof shall be annexed thereto, or an affidavit made that the same has been demanded and refused; the same proceedings shall thereupon be had in all respects as are directed in the preceding section.

Proceedings in

of writ.

1325. SEC. 3. Upon the return of the writ of habeas corpus, a day shall be set for the hearing of the cause of hearing on return imprisonment or detainer, not exceeding five days thereafter, unless the prisoner shall request a longer time. The prisoner may deny any of the material facts set forth in the return, or may allege any fact to show either that the imprisonment or detention is unlawful, or that he is then entitled to his discharge; which allegations or denials shall be made on oath. The said return may be amended by leave of the court or judge, before or after the same is filed, as also may all suggestions made against it, that thereby all material facts may be ascertained. The said court or judge shall proceed in a summary way to settle the facts by hearing the testimony and arguments, as well of all parties interested civilly, if any there be, as of the prisoner and the person who holds him in custody; and shall dispose of the prisoner as the case may require. If it appear that the prisoner is in custody by virtue of process from any court legally constituted, he can be discharged only for some of the following causes :

First-Where the court has exceeded the limit of its jurisdiction, either as to the matter, place, sum, or person. Second-Where, though the original imprisonment was lawful, yet, by some act, omission, or event, which has subsequently taken place, the party has become entitled to his discharge.