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ed, other than the father or master, he shall have the
charge and management of the estate of the minor, and
no control over his person; and his authority shall not
be construed to affect the rights of the father or master
over the person of the minor.
sect. 5. The judge of probate, in allowing and ap-
pointing a guardian, shall take sufficient bond, and, if the
minor have any estate, with surety, of all such guardians,
for a faithful discharge of their trust, according to law,
and to oblige them to render their accounts to the court
of probate, or to the minor, when he arrives at full age,
or at such other times as the court, upon complaint, shall
see cause to appoint.
sect. 6. The courts of probate shall have power to
remove guardians, for good and sufficient reasons shewn,
and to appoint others in their place, who shall give bonds
for a faithful discharge of the trust as aforesaid.
sEct. 7. The courts of probate shall have power, in
their respective districts, with, or without a previous com-
plaint, by an order duly made, to oblige all guardians of
minors, from time to time, to render their respective ac-
counts against their wards for adju-tment, before such
courts, and to compel, by due order, all guardians, whose
bonds are, or shall be found insufficient, to procure other
and additional bonds; and if any guardian shall refuse to
render his account, or to procure additional bonds, when
required as aforesaid, such court may remove him from
the office, and appoint some proper person in his place,
and may cause his bond to be put in suit.
sect. 8. When minors are parceners, joint-tenants, or
tenants in common of lands with others, their guardians,
with the assistance of such persons as the court of pro-
bate for that purpose shall appoint, shall have power to
make partition of any such land with the co-tenants,
which shall be binding, and conclusive on such minors,
their heirs, and assigns; and the several courts of pro-
bate are hereby directed, on the application of such ten-
ant in common, or of the guardian of any minor, to appoint
some meet person to assist in such partition ; and all
persons having right in any such land, shall, upon such
appointment, forthwith come to a partition of the same.
And the guardian of any minor, who is the mortgagee of
any lands or tenements, is hereby empowered, on receiv-
ing the mortgage money, to release to the mortgagor the
legal title to the mortgaged premises; which deed of re-
lease shall be binding and conclusive upon such minor,
his heirs and assigns.
sect. 9. The several courts of probate shall be, and they
are hereby authorised, for just and reasonable cause, to

Saving of the rights of the father or master.

Bond to be taken.

Guardians may be removed.

May be called to account.

Partition of land among co-tenants.

Guardian of minor mortgagee, empowered to release satisfied mortgage.

Courts of probate may order

sale of minor's real estate.

Parent, &c. to give bond to west the avails, &c.

To render acGount.

To make return of proceedings.

Further security.

Application for order of sale, to what court to be made.

Notice of application, how to be given.

When Judge in the proper district is disqualified, application to be Inade in the next.

order the sale of real estate of any minor, on application of the parent or guardian of such minor, and to empower him, or some other meet person, to sell and convey the same, in due form of law; such parent, guardian or other person, first giving bond, with surety, to the judge of probate, and his successors in office, with condition to vest the avails of the estate sold, in other real estate, to be conveyed to such minor, to place the same at interest, on good security, by mortgage, of at least double the value of the estate sold, or to lay out the same in the nurture, education or advancement in marriage of such minor, as the court of probate shall direct or approve, and to render his account to such court, when required, or to the minor, when arrived at full age ; and it shall be the duty of the person making a sale under the provisions of this act, to make return of his proceedings, as soon as may be, to the court of probate, where the same shall be recorded. sect. 10. It shall be the duty of such court of probate, whenever there may be occasion, to demand of the obligor in such bond, his executors or administrators, further security, and on neglect or refusal to give the same, to put such bond in suit, and the same to pursue to final judgment, and the sum recovered to place at interest, on good security, for the benefit of such minor. sect. 11. Whenever application shall be made for an order to sell the real estate of any minor, belonging to any probate district of this state, in pursuance of this act, such application shall be made to the court of probate, in that district to which such minor belongs; but if the minor do not belong to any probate district of this state, then the application to sell such minor’s real estate shall be made to the court of probate in that district in which such real estate is situate; and whenever application shall be made for an order to sell the real estate of any minor, pursuant to this act, it shall be the duty of the court of probate to cause notice of such application to be published in some public news-paper, near the place where such real estate lies, three weeks successively, at least six weeks before making such order, and also such further notice as the court of probate may deem proper. sect. 12. Whenever a minor shall be so nearly related to the judge of probate in the district where such minor lives and belongs, that such judge cannot by law hear and decide on an application for the sale of such minor’s real estate, the parent or guardian of such minor may make application for the sale of such real estate to the judge of probate, in the nearest adjoining district, who shall have the same authority with respect to the person and estate of such minor, as if he lived within his district.

TITLE 47. Habeas Corpus.

An Act to provide for issuing the writ of Habeas Corpus.

SECT. 1. B% it enacted by the Senate and House of Rep. resentatives, in General Assembly convened, That any judge of the superior court, or the county court, when in session, or the chief judge thereof, when said court is not in session, shall have power to issue the writ of habeas corpus, and proceed thereon according to law ; and when any trial shall be before a single judge, the court fee shall be two dollars, and when before a court in session, no fee shall be paid. sect. 2. When application is made to such court or judge, for a writ of habeas corpus, and the facts are verified, by the affidavit of the person in whose favor the application is made, or of any other person, in which he or she alleges, that he or she verily believes the person on whose account such writis prayed for, is illegally confined, or deprived of his lawful liberty, it shall be the duty of such court or judge, to grant a writ of habeas corpus, directed to some proper officer, to serve and return ; who shall receive and make due service of the same, by putting into the hands of the person, who has the custody of the body of him or her, who is directed to be brought up on said writ, a true and attested copy of the same ; and shall make immediate return of said writ, with his doings thereon, on pain of forfeiting fifty dollars, to the use of the person so held in custody, to be recovered by action on the case. sect. 3. If any person, having the custody of the body of any one directed to be brought up, on a writ of habeas corpus, duly served, shall fail or neglect to bring up the body, according to the command in the writ; or shall refuse to accept the copy offered in service of the same; or shall, in any way, fraudulently avoid bringing up the body, according to the command in the writ; or, having brought up the body, shall neglect or refuse to make return of the cause of detaining such person, so held in custody; he shall be deemed guilty of a contempt of court, and may be punished, by said court or judge, by commitment, for such contempt, and shall also forfeit and pay to the person so held in custody, two hundred dollars. sect. 4. When any facts contained in such return shall be contested, by the applicant, such court or judge may hear testimony, and examine and decide upon the truth. as well as the sufficiency of the return, and render such judgment as shall to law and justice appertain.

Who may issue the writ of habeas corpus.

Fee on trial.

When and how to be issued.

How to be served.

Penalty for dis

obedience.

Trias

The towns to maintain highways, roads and bridges.

Exception.

When a bridge to be maintained by two adjoining towns.

When a life is lost, by a defective road or bridge, the town &c. to pay

four hundred dollars damages, to children, &c.

Persons injured by defective bridge or road, to recover damages.

Owner of property so injured to recover damages.

TITLE 48. Highways and Bridges. An Act relating to Highways and Bridges. SECT. 1. B% it enacted by the Senate and House of Rep

resentatives, in General Assembly convened, That the inhabitants of the several towns in this state, shall make, build and keep in good and sufficient repair, all the necessary highways, roads and bridges, within the limits of their respective towns, unless it may belong to some particular person, persons or corporation, to maintain such highway, road or bridge, in any particular case. sect. 2. And when it is necessary to build or maintain any bridge, across any river, or stream of water, which is the boundary or dividing line, between any towns, it shall be the duty of the inhabitants of such towns, to build and keep in good repair every such bridge; and each town shall pay an equal part of the expence of building and repairing the same, unless it shall be otherwise agreed by said towns. sect. 3. If any person, at any time, shall lose his life, in passing over any public road or bridge, through the defect or insufficiency thereof, after due warning given to any of the select-men of the town, in which such defective road or bridge is, or to the person, persons, or clerk, or a director of the corporation, who ought to maintain the same, in writing, attested by two witnesses, or after an information made to the county court, by the attorney of the state, in the county in which such town is, of such defective road or bridge, then the said town, person, persons or corporation, which ought to keep such road or bridge in repair, shall pay to the child or children of said deceased, or if he or she have no child, to the husband or wife of said deceased, or if he or she have no husband or wife, to the parent or parents of such deceased, four hundred dollars. sect. 4. If any person shall lose a limb, break a bone, or receive any bruise, or bodily injury, through, or by means of any such defective bridge or road, in manner aforesaid, the town, person, persons or corporation, which ought to keep in repair such bridge or road, shall pay to the person so hurt or wounded, just damages. SECT. 5. If any horse, or other beast, or cart, carriage or other property, shall receive any injury or damage, through, or by means of, any defective road or bridge, in manner aforesaid, the town, person, persons or corporation, which ought to keep such road or bridge in repair, shall pay the owner of such beast or property, just damages. sect. 6. The town, person, persons or corporation, which by law are obliged to maintain any bridge, road or highway, shall erect and maintain a good and sufficient railing or fence on the sides of such bridge, and on the sides of such parts of such road, as are so made or raised above the adjoining ground, as to endanger the safety of travellers; and if any person shall suffer any damage in his person or property, by reason of any want of, or defect in, any such railing or fence, such town, person, per"sons or corporation, shall pay to him, who shall so suffer, just damages; all which forfeitures and damages may be recovered by any proper action. sect. 7. When the inhabitants of any town, shall neglect or refuse to build or repair any bridge, across a river in a public highway, within the bounds of such town, or when any town shall not agree to build or repair any bridge, across a river, that is the dividing line between such towns, whereby the public travel is obstructed or incommoded, on complaint thereof to the county court, by any person or persons, said court is hereby empowered and directed, (by a committee or otherwise.) to enquire into the public necessity and convenience of building or maintaining such bridge, and cause due notice to be given to one or more of the select-men of such town, or towns, to shew reason, if any they have, why they should not be compelled to make or repair such bridge; and if no sufficient reason be shown to the contrary, and such town or towns do not undertake to build or repair such bridge, within such time as the court shall direct, said court may appoint some suitable person or persons to build or repair such bridge; which being done, and the expense thereof being liquidated and allowed by said court, the same shall be paid by the inhabitants of the town or towns, whose duty it was to have made and maintained such bridge, and execution may be granted against them therefor accordingly. sect. 8. The senate is hereby authorized and directed, annually, to appoint two or more commissioners, to inspect each and every bridge in this state, at which toll is by law receivable, for the benefit of any person, persons or corporation; which commissioners shall be subject to the same duties, have the same powers, in relation to the bridges of which they shall be respectively commissioners, and be entitled to the same compensation, as commissioners on turnpike roads, by law, have, or may have.

Railings to be erected on roads and bridges, by towns, &c.

or pay damages.

On neglect of town to keep a proper bridge, how to procecd.

Senate to appoint commissioners of tell bridges.

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