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the probate court, in like manner as other moneys belonging to such minor.

Sec. 12. Appeals shall be allowed in all cases from the order of judgment of the court of probate to the district court.

Sec. 13. Minors may bring suits, in all cases whatever, by any person they may select as their next friend, and the person so selected shall file bond with the clerk of the district court, or jus tice of the peace where 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 the final judgment and execution, as in other

cases.

Sec. 14. Guardians shall educate their wards; and it is hereby made the duty of all civil county officers to give information to the court of probate of neglect or omission of any guardian to his or her ward Provided, That when there are not moneys sufficient to teach the ward to read and write, and the ground rules of arithmetic, and the guardian refuses or 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 him or her so educated. The judges 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, to superintend the education of such minor orphan.

Sec. 15. Guardians shall have the power to loan out the moneys of their wards, in sums not exceeding 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 a renewal, and an approval of the security by the court; and if neglected 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.

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 allowed by law to administrators.

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 twentyone years, and unmarried, may, by his last will or deed, 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 parent, 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.

Sec. 18. Every such disposition, from the time it shall take effect, shall invest in the person or persons to 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 or tuition of such minor: Provided, 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.

Sec. 19. Any person to whom the custody and tuition of such minor is disposed of, may take the custody and tuition of such minor, and maintain all proper actions for the wrongful taking and detention of the minor; he shall also take the 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 territory.

Sec. 20. Guardians appointed under the provisions of this act shall be subject to removal upon complaint of any person, in behalf of the minor, to the district court of the county in which such guardian may reside, and proof made of malconduct or misbehavior in the performance of his duties; and, upon the removal of a guardian, the said court is hereby vested with the power to appoint another guardian, and make all such orders as may be necessary to compel the guardian 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 act, by the father or mother, or by the court, to give bond and security in such penalty and on such conditions as the court may deem necessary for the security and protection of the minor and of his or her estate.

CHAPTER XXIX.

HABEAS CORPUS.

Sec. 1. Every person restrained of his liberty may prosecute writ

of habeas corpus.

Sec. 2. Application to be made by petition, verified.

Sec. 3. Writ may be granted at any time by judge of district or supreme court.

Sec. 4. Judge shall grant writ without delay.
To whom directed and what to state.

Sec. 5.
Sec. 6.

Writ to be delivered by clerk without delay.
Sec. 7. When to be delivered to sheriff.

Sec. 8. How writ served, when person not found.
Sec. 9. Person disobeying writ to be attached.

Sec. 10.

Sec. 11.

Sec. 12.

What party must state in return to writ under oath.
When party must bring body of person in his custody.
When person sick, need not be brought.

Sec. 13. Judge may hear and decide on return—when.
Sec. 14. Judge to proceed immediately when writ returned.
Sec. 15. What party may deny and allege on hearing.

Sec. 16. Judge to hear and decide cases in a summary manner.
Sec. 17. Judge empowered to compel witnesses' attendance.
Sec. 18. If no legal cause for restraint appear, party to be dis-
charged.

Sec. 19. If party legally detained, to be remanded.

Sec. 20. If party in custody on legal process, in what cases to be

discharged.

Sec. 21. When not to be discharged for defect of form in com

mitment.

Sec. 22. If charge be defectively set forth in commitment, judge may summon witnesses and investigate the charge.

Sec. 23. Person entitled to writ to give bail.

Sec. 24. If person entitled to bail, judge to take same.

Sec. 25. If person not entitled to discharge or bail, to be re

manded.

Sec. 26. Judge may order party committed to custody of person entitled thereto.

Sec. 27. Judge to commit person to proper custody until case determined.

Sec. 28. Writ not to be disobeyed for defect of form.

Sec. 29. When person discharged, may be again imprisoned for

same cause.

Sec. 30. In what cases judge may issue warrant to have party brought forthwith.

Sec. 31.

May order person detaining prisoner arrested.

Sec. 32. How officer to execute warrant.

Sec. 33.

Return to warrant same as to writ, may be made and
trial had.

Sec. 34. Such person may be discharged or returned to custody.
Sec. 35. All processes and writs to be issued by clerk.
Sec. 36. Penalty for refusing to grant or obey writ.
Sec. 37. Penalty for removing or concealing prisoner.
Sec. 38. Any person assisting, guilty of misdemeanor.

Sec. 39. Persons convicted under preceding section to be imprisoned.

Section 1. That every person unlawfully committed, detained, confined, or restrained of his liberty, under any pretence whatever, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment.

Sec. 2. Application for such writ shall be made by petition, signed either by the party for whose relief it is intended, or by some person in his or her behalf, and shall specify: First. That the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty, the officer or person by whom he or she is confined or restrained, and the place where, naming all the parties, if they are known, or describing them if they are known. Second. If the imprisonment be alleged to be illegal, the petition must also state in what the alleged illegality consists. Third. The petition must be verified by oath or affirmation of the party making application.

Sec. 3. Such writ of habeas corpus may be granted by any judge of the supreme court or district courts at any time, in term or vacation.

Sec. 4. Any judge empowered to grant a writ applied for under this act, if it appear that the writ ought to issue, shall grant the same without delay.

Sec. 5. Such writ shall be directed to the officer or party having such prisoner in custody or under restraint, commanding him or them (as the case may be) to have the body of such person so imprisoned or detained, as is alleged by the petition, before the judge shall direct, specifying in such writ the place where the petition will be heard, to do and receive what shall then and there be considered concerning such person, together with the time and cause of his or her detention, and have then and there such writ.

Sec. 6. If such writ be directed to the sheriff or other ministerial officer, it shall be delivered by the clerk of the court prescribed by the judge issuing said writ to such officer without delay.

Sec. 7. If such writ be directed to any person other than is specified in the last preceding section, the same shall be delivered to the sheriff or his deputy, and shall be by him served upon such person, by delivering the same to him without delay.

Sec. 8. If the officer or person to whom such writ is directed cannot be found, or shall refuse admittance to the officer or person serving or delivering such writ, the same may be served or delivered by leaving such writ at the residence of the officer or person to whom it is directed, or by affixing the same on some conspicuous place on the outside of his dwelling-house, or the

place where the party is confined or under restraint. The service of said writ is made by serving a copy and exhibiting the original, and where the posting is required by posting a copy.

Sec. 9. If the officer or person to whom such writ is directed shall refuse, after due service as aforesaid, to obey the same, it shall be the duty of the judge, upon affidavit, to issue an attachment against such person, directed to the sheriff, or if the sheriff be defendant, to an elisor appointed for that purpose by the judge, commanding forthwith to apprehend such person and bring him immediately before such judge, and upon being so brought, he shall be committed to the common jail of the county until he make due return of such writ, or be otherwise legally discharged. Sec. 10. The party upon whom such writ shall be duly served shall state in his return plainly and unequivocally. First. Whether he have or not the party in his custody or under his power or restraint. Second. If he have the party in his custody or power or under his restraint, he shall also state the authority and cause of such imprisonment or restraint, setting forth the same at large. Third. If the party be detained by virtue of any writ, warrant, or any other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited to the judge on the hearing of such return. Fourth. If the officer or person on whom such writ shall have been served shall have had the party in custody or under his restraint, at any time prior or subsequent to the date of the writ of habeas corpus, but such officer or person has transferred such custody or restraint to another, the return shall state particularly, to whom, at what time and place, for what cause and by what authority, such transfer took place. Fifth. The return must be signed by the person making the same, and, except when such person shall be a sworn officer, and shall make such return in his official capacity, it shall be verified by his oath or affirmation.

Sec. 11. If the writ of habeas corpus be served, the person or officer to whom the same is directed shall also bring the body of the party in his custody or restraint, according to the command of the writ, except in the case specified in the next two sections.

Sec. 12. Whenever, from sickness or infirmity of the person directed to be produced by any writ of habeas corpus, such person cannot, without danger, be brought before the judge, the officer or person in whose custody or power he or she is may state that fact in his return to the writ, verifying the same by affidavit.

Sec. 13. If the judge be satisfied of the truth of such allegation of sickness or infirmity, and the return to the writ is otherwise sufficient, such judge may proceed to decide on such return, and to dispose of the matter as if such party had been produced on the writ, or the hearing thereof may be adjourned until such party can be produced.

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