35. Sufficiency of sureties-court to inquire into. § 35. It shall be the duty of the county court, at each accounting of the guardian, to inquire into the sufficiency of his sureties. And if, at any time, it has cause to believe that the sureties of a guardian are insufficient or in failing circumstances, it shall, after summoning the guardian, if he be not before the court, require him to give additional security. [R. S. 1845. p. 266, § 6.

36. Counter security. § 36. Upon the application of the surety. of any guardian, and after summoning the guardian, the court may, if it believes him to be insolvent or in doubtful circumstances, require him to give counter security to his sureties. [L. 1847, p. 58, § 1.

37. Removal of guardian. 37. The county court may remove a guardian for his failure to give bond or security, or additional or counter security, when required, or for failure to make inventory, or to account and make settlement, or support or educate the ward, or when he shall have become insane, or have removed out of the State, or become incapable or unsuitable for the discharge of his duties, or for failure to discharge any duty required of him by law or the order of the court, or for other good cause.

[R. S. 1845, p. 266, § 7; Harvey v. Harvey, 87 Ill. 54.

38. Summons to show cause-notice. § 38. Before removing a guardian the court shall summon him to show cause why he should not be removed for the cause alleged. If the guardian has left the State, or cannot be served with process, he may be notified in the same manner as non-resident defendants in chancery.

[Eddy v. People, 15 Ill. 386.

39. Resignation. $ 39. When it appears proper, the court may permit the guardian to resign his trust, if he first settles his accounts and delivers over the estate as by the court directed.

40. Successor-delivery of property, etc., to. $40. Upon the removal, resignation or death of a guardian, another may be appointed, who shall give bond and security and perform the duties prescribed in this act. And the court shall have power to compel the guardian so removed or resigned, or the executor or administrator of a deceased guardian, or the conservator of an insane person, or other person, to deliver up to such successor all the goods, chattels, moneys, title papers, and other effects in his custody or control, belonging to such minor, and upon failure to so deliver the same, to commit the person offending to jail, until he shall comply with the order of the court.

[R. S. 1845, p. 266, § 7; Scheel v. Eidman, 68 Ill. 193.

41. Marriage of female ward. §41. The marriage of a female ward shall discharge her guardian from all right to her custody and edu cation, but not to her property.

42. Compensation.

§ 42. Guardians, on settlement, shall be allowed such fees and compensation for their services as shall

seem reasonable and just to the court.

[L. 1861, p. 177, § 1; Bond v. Lockwood, 33 ill. 212.

[*563]

43. Appeals. § 43. Appeals shall be allowed to the circuit court from any order or judgment made or rendered under this act, upon the appellant giving such bond and security as shall be directed by the court; but no appeal from an order removing a guardian shall, in any wise, affect such order, until the same be reversed. [R. S. 1845, p. 267, § 12. 44. Non-resident guardian — power to collect. 44. When there is no guardian in the State of a non-resident minor, his guardian appointed and qualified according to the law of the place where the minor resides, having first obtained the authority of the county court of the county in this State where any of the personal estate of such minor may be, so to do, may collect, by suit or otherwise, receive and remove to such place of residence of the minor, any personal estate of such minor.

[L. 1853, p. 126, § 1; Davis v. Harkness, 1 Gilm, 173.

45. Transfer of estate to non-resident guardian. § 45. When there is a guardian in this State of a non-resident minor, the court may authorize such guardian to pay over and transfer the whole or any part of the ward's property to the non-resident guardian of such ward, appointed and qualified according to the law of the place where the ward resides, upon such terms as shall be proper in the premises, requiring receipts to be passed; and when the whole estate in the hands of a resident guardian shall be so transferred, may discharge him. [L. 1853, p. 126, § 2.

46. Conditions. § 46. But the court shall not grant the authority mentioned in sections 44 and 45, except upon petition of such foreign guardian, signed by him and verified by his affidavit, and unless he shall file with the court properly authenticated copies of his letters of guardian. ship and bond, with security in double the amount of the value of the property and estate sought, which shall have been executed and filed in the court which appointed such guardian. And unless it shall appear to the court that a removal of such estate will not conflict with the interest of the ward, or the terms of limitation attending the right by which the ward owns the same, or the rights of creditors, the resident guardian shall have ten days' previous notice of such application. [L. 1853, p. 126, § 2.

47. Sale of real estate by non-resident guardian. $47. Where any person residing in any other State of the United States, or any territory thereof, shall have been or may hereafter be appointed guardian, in the State or territory in which such person resides, of any infant or other person owning real estate within this State, not having any guardian in this State, it shall and may be lawful for every such guardian to file his or her petition in the circuit court of the county in which said real estate, or the major part thereof, may lie, for sale of said real estate, for the purpose of educating and supporting such infant or other persons under guardianship, or for the purpose of investing the proceeds of such real estate in such manner as the court which appointed such guardian may order and direct; and the said circuit court is hereby fully authorized and empowered to order a sale of such real estate, conformably to the prayer of said petition; Provided, that every such guardian applying for

such sale, shall file with his or her petition an authenticated copy of his or her letters of guardianship; And, provided, further, that the said circuit court shall make no order for a sale under said petition, until the said guardian shall have executed and filed, in the court which appointed said guardian, a bond, with sufficient security, approved by said last mentioned court, for the due and faithful application of the proceeds of every such sale, in such manner as the said last mentioned court may direct, an authenticated copy of which said bond, and the approval thereof, shall be deemed and taken by the circuit court as sufficient evidence of the execution and filing of the same.

[L. 1853, p. 98, § 1; Spellman v. Dowse, 79 Ill. 66.

48. Notice terms of sale. § 48. Every guardian applying for an order of sale under the foregoing section, shall be required to give notice of his or her petition in the same manner as is now [*564] required by law in cases of application for sales of lands belonging to minors, by resident guardians; and in every order for the sale of real estate under this act, it shall be the duty of the court to prescribe the terms of said sale, and the notice which shall be given thereof, and the place where such sale shall be made. [L. 1853, p. 98, § 2.

49. Deeds-title. 49. All sales of real estate, under the provisions of this act, are hereby declared to be good and valid; and all deeds executed by such guardian to the purchaser or purchasers under such sales, shall convey to and vest in such purchaser or purchasers all the estate, right, title and interest, in law or equity, of said infant or others in and to the land so sold.

[L. 1853. p. 98, § 3; Wing v. Dodge, 80 Ill. 564.

50. Bond for costs. § 50. In all suits and petitions by non. resident guardians, they shall give a bond for costs, as in cases of other non-residents. [L. 1853, p. 99, § 5.

§ 51, repeal omitted. See" Statutes," ch. 131, § 5.

1. Who may prosecute. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every person imprisoned or otherwise restrained of his liberty, except as herein otherwise provided, may prosecute a writ of habeas corpus in the manner provided in this act, to obtain relief from such imprisonment or restraint, if it prove to be unlawful.

[R. S. 1845, p. 269, § 1; In re Smith, 13 Ill. 138; Welch v. People, 38 Ill. 20; Wilcox v. Wilcox, 14 N. Y. 575.

2. Application by petition. § 2. Application for the writ shall be made to the court or judge authorized to issue the same, by petition signed by the person for whose relief it is intended, or by some person in his behalf, and verified by affidavit.

[R S. 1845, p. 269, § 1: In re Klepper, 26 Ill. 532; People v. Hessing, 28 Ill. 410; Hammond v. People, 32 Ill. 446.

3. Form of petition. §3. The petition shall state in substance 1. That the person in whose behalf the writ is applied for is impris oned or restrained of his liberty, and the place where-naming all the parties if they are known, or describing them if they are not known.

2. The cause or pretense of the restraint, according to the best knowl edge and belief of the applicant, and that such person is not committed

or detained by virtue of any process, judgment, decree or execution specified in the 21st section of this act.

3. If the commitment or restraint is by virtue of any warrant or writ or process, a copy thereof shall be annexed, or it shall be averred that by reason of such prisoner being removed or concealed before application, a demand of such copy could not be made, or that such demand was made, and the legal fees therefor tendered to the officer or person having such prisoner in his custody, and that such copy was refused. [See "Criminal Code," ch. 38, 371. R. S. 1845, p. 269, § 1.

4. Copy of mittimus. 4. Any sheriff or other officer or person having custody of any prisoner committed on any civil or criminal process of any court or magistrate, who shall neglect to give [*566] such prisoner a copy of the process or order of commitment by which he is imprisoned within six hours after demand made by the prisoner, or any one on his behalf, shall forfeit to the prisoner or party aggrieved not exceeding $500. [R. S. 1845, p. 273, § 15.

5. Award of writ - penalty. 5. Unless it shall appear from the petition itself, or from the documents thereto annexed, that the party can neither be discharged, admitted to bail nor otherwise relieved, the court or judge shall forthwith award a writ of habeas corpus. Any judge empowered to issue writs of habeas corpus who shall corruptly refuse to issue any such writ, when legally applied for in a case where it may lawfully issue, or who shall, for the purpose of oppression, unreasonably delay the issuing of such writ, shall, for every such offense, forfeit to the prisoner or party aggrieved a sum not exceeding $1,000. [R. S. 1845, p. 269, S; p. 273, § 12.

6. Writ― form of. § 6. If the writ is allowed by a court it shall be issued by the clerk under the seal of the court; if by a judge it shall be under his hand, and shall be directed to the person in whose custody or under whose restraint the prisoner is, and may be substantially in the following form, to wit:

The People of the State of Illinois, to the sheriff of case may be):

county (or, to A. B., as the

You are hereby commanded to have the body of C. D., by you imprisoned and detained as it is said, together with the time and cause of such imprisonment and detention, by whatsoever name said C. D. shall be called or charged, before of

court

county (or before E. F., judge of, etc.), at, etc., immediately after being served with this writ, to be dealt with according to law; and have you then and there this writ, with a return thereon of your doings in the premises.

[R. S. 1845, p. 269, § 1.

7. Indorsement. 7. To the intent that no officer or person to whom such writ is directed may pretend ignorance thereof, every such writ shall be indorsed with these words: "By the habeas corpus act.". [R. S. 1845, p. 269, § 1.

8. Subpena - service. 8. When the party has been committed upon a criminal charge, unless the court or judge shall deem it unnecessary, a subpena shall also be issued to summon the witnesses whose names have been indorsed upon the warrant of commitment, to appear before such court or judge at the time and place, when and where such habeas corpus is returnable, and it shall be the duty of the sheriff, or