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.

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] 8 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 per sonal estate of such minor. [L. 1853, p. 126, § 1.

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 nis letters of guardianship 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.

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 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 ofthis 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.

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.]

AN ACT to revise the law in relation to habeas corpus. [Approved March 2, 1874. In force July 1, 1874.]

1. WHO MAY PROSECUTE.] § 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.

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.

3. FORM OF PETITION.] § 3. The petition shall state in substance:

1. That the person in whose behalf the writ is applied for is imprisoned 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 knowledge 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

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 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 ap plied 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 of fense, forfeit to the prisoner or party aggrieved a sum not exceeding $1,000. [R. S. 1845, p. 269, § 1; 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 ...... county (or, 'to A B.' as the case may be) :

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 court of 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 other officer to whom the subpena is issued, to serve the same, if it be possible, in time to enable such witnesses to attend. [R. S. 1845, p. 193, § 214.

9. WHO MAY SERVE HABEAS CORPUS.] 89. The habeas corpus may be served by the sheriff, coroner or any constable or other person appointed for that pur pose by the court or judge by whom it is issued or allowed; if served by a person not an officer, he shall have the same power, and be liable to the same penalty for non-performance of his duty, as though he were sheriff.

10. MANNER OF SERVICE.] § 10. Service shall be made by leaving a copy of the original writ with the person to whom it is directed, or with any of his under officers who may be at the place where the prisoner is detained; or if he cannot be found, or has not the person imprisoned or restrained in custody, the service may be made upon any person who has him in custody with the same ef fect as though he had been made a defendant therein.

11. EXPENSE OF BRINGING, ETC., PRISONER.] § 11. When the person confined or restrained is in the custody of a civil officer, the court or judge granting the writ shall certify thereon the sum to be paid for the expense of bringing him from the place of imprisonment, not exceeding ten cents per mile, and the officer shall not be bound to obey it unless the sum so certified is paid or tendered to him, and security is given to pay the charges of carrying him back if he should be remanded: Provided, that if such court or judge shall be satisfied that the person so confined or restrained is a poor person and unable to pay such expense, then such court or judge shall so certify on such writ, and in such case no tender or payment of expenses need be made or security given as aforesaid, but the officer shall be bound to obey such writ.

12. FORM OF RETURN.] § 12. The officer or person upon whom such writ is served shall state in his return, plainly and unequivocally:

1. Whether he has or has not the party in his custody or control, or under his restraint, and if he has not, whether he has had the party in his custody or control, or under his restraint, at any and what time prior or subsequent to the date of the writ.

2. If he has the party in his custody or control, or under his restraint, the authority and true cause of such imprisonment or restraint, setting forth the same at large.

3. If the party is detained by virtue of any writ, warrant or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited on the return of the writ to the court or judge before whom the same is returnable.

4. If the person upon whom the writ is served has had the party in his custody or control, or under his restraint, at any time prior or subsequent to the date of the writ, but has transferred such custody or restraint to another, the return shall state particularly to whom, at what time, for what cause and by what authority such transfer took place. The return shall be signed by the person making the same, and except where such person is a sworn public officer and makes the return in his official capacity, it shall be verified by oath.

13. THE BODY MUST ALSO BE BROUGHT EXCEPTION.] § 13. The officer or person making the return, shall, at the same time, bring the body of the party, if in his custody or power, or under his restraint, according to the command of the writ, unless prevented by the sickness or infirmity of the party. [R. S. 1845, p. 269, § 1.

14. EXAMINATION IN CASE OF SICKNESS, ETC.] § 14. When, from the sickness or infirmity of the party, he cannot, without danger, be brought to the place appointed for the return of the writ, that fact shall be stated in the return, and if it is proved to the satisfaction of the judge, he may proceed to the jail or other place where the party is confined, and there make his examination, or he may adjourn the same to such other time, or make such other order in the case as law and justice require.

15. NEGLECT, ETC., TO OBEY WRIT-PROCEEDING-PENALTY.] § 15. If the officer or person upon whom such writ is served refuses or neglects to obey the same, by producing the party named in the writ, and making a full and explicit return thereto within the time required by this act, and no sufficient excuse is shown for such refusal or neglect, the court or judge before whom the writ is returnable, upon proof of the service thereof, shall enforce obedience by attachment as for contempt, and the officer or person so refusing or neglecting shall forfeit to the party aforesaid a sum not exceeding $500, and be incapable of holding office. [R. S. 1845, p. 273, § 13.

16. OTHER WRIT IN CASE OF NEGLECT, ETC.] § 16. The court or judge may also, at the same time or afterwards, issue a writ to the sheriff or other person to whom such attachment is directed, commanding him to bring forthwith before the court or judge the party for whose benefit the writ was allowed, who shall thereafter remain in the custody of such sheriff, or other person, until he is discharged, bailed or remanded, as the court or judge shall direct.

17. PROCEEDING IN CASES OF EMERGENCY.] § 17. Whenever it shall appear by the complaint, or by affidavit, that any one is illegally held in custody or restraint, and that there is good reason to believe that such person will be taken out of the jurisdiction of the court or judge before whom the application for a habeas corpus is made, or will suffer some irreparable injury before compliance with the writ can be enforced, such court or judge may cause the writ to be directed to the sheriff or other proper officer, commanding him to take the prisoner thus held in custody or restraint, and forthwith bring him before the court or judge to be dealt with according to law. The court or judge may also, if the same is deemed necessary, insert in the writ a command for the apprehension of the person charged with causing the illegal restraint. The officer shall execute the writ by bringing the person therein named before the court or judge, and the