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Easterling v, Horning,36 L. R.,
his care, and shall also deliver up said property agreeably
Sec. 1132. ONE BOND FOR SEVERAL WARDS.-Where the same person is guardian to any number of persons entitled to shares of the same estate the court may accept one bond instead of separate bonds for each ward, and said bond shall be liable to be put in suit for the use of all or either of the wards as fully as separate bonds might be. Sec. 1133. POSSESSION TO GUARDIAN.-On the execution of his bond, as required as aforesaid, the guardian shall be entitled to an order of the court directing the real and personal estate of the ward to be delivered into his possession, and all legacies and distributive shares to which the ward may be entitled to be paid or delivered to him whenever they shall be properly payable or distributable according to law.
Sec. 1134. INVENTORY.-Every guardian, within three months after the execution and approval of his bond, shall return to the court, under oath, an inventory of the real and personal estate of his ward and of the probable annual income thereof, and the court may direct the said estate to be appraised and the annual income thereof to be ascertained by two competent persons, to be appointed by the court, who shall report their appraisement and finding under oath.
Sec. 1135. AcCOUNTS.-It shall be the duty of the 53; 30 D. C. App., guardian to manage the estate for the best interests of the 230; 9 D. C. APP., ward, and once in each year, or oftener if required, he shall 411; Md. act 1798, settle an account of his trust, under oath. He shall ac
305; 24 D.C.App.,
ch. 101, sec. 12.
Sec. 156; Morse v. U. S., 29 D. C. App., 433.
count for all profit and increase of his ward's estate and the annual value thereof, and shall be allowed credit for taxes, repairs, improvements, expenses, and commissions not exceeding ten per centum of the principal of the personal estate and on the annual income of the estate, and shall not be answerable for any loss or decrease sustained without his fault; and the court shall determine the amounts to be annually expended in the maintenance and education of the infant, regard being had to his future condition and prospects in life; and the court, if it shall deem it advantageous to the ward, may allow the guardian to exceed the income of the estate and to make use of the principal and sell the same or part thereof, under its order, as herein before provided in subchapter three of chapter one; but no guardian shall sell any property of his ward without an order of the court previously had therefor.
Sec. 1136. SALE OF REALTY.—Whenever any guardian shall think that the interests of his ward will be promoted by a sale of his real estate for the purpose of reinvesting the proceeds in other property or securities, he may make
application therefor to the court, and such proceding shall be had thereupon as directed in subchapter three of chapter one, aforesaid.
Sec. 1137. ALLOWANCES.-Any allowance which may be made to a guardian for the clothing, support, maintenance, education, or other expenses incurred for the ward or his estate, before said guardian shall have given bond or been appointed, shall have the same effect and operation in law as if the same had been made subsequently to the appointment of said guardian and his giving bond.
Sec. 1138. SURETY. If any surety of a guardian, setting forth by petition that he apprehends himself to be in danger of suffering by said suretyship, shall pray to be relieved, the court, after service of a summons on the guardian to answer the petition, may order him to give counter security for the indemnity of the original surety, or to deliver the ward's estate into the hands of the surety or of some other person; in either of which cases the person into whose hands the ward's estate shall be delivered shall be required to give sufficient security for the proper management and application of the same, and such further order may be passed for the relief of the petitioner as may seem just.
Sec. 154; R. 8. D. C., 945.
24 D. C. App., 411; Md. act, 1798,
Sec. 1139. FINAL ACCOUNT.-On the arrival of any ward at the age of twenty-one years the guardian shall ch. 101, sec. 14. exhibit a final account of his trust to the court, and shall deliver up, agreeably to the court's order, to the ward all the property of said ward in his hands, including bonds and other securities, and on his failure so to do his bond. may be put in suit in the name of the United States for the use of the party interested, and he may be attached, as herein elsewhere provided.
Sec. 1140. HUSBAND AS GUARDIAN.—Whenever any female infant, to whom a guardian of her estate has been appointed, shall marry she may select her husband as the guardian of her said estate, with the approval of the court, and after he is duly appointed and qualified by giving bond, as is required in other cases, the powers of the guardian previously appointed shall cease, and he shall settle his final account and turn over his ward's estate to her husband, agreeably to the order and directions of the court.
Sec. 1141. NONRESIDENT INFANT OR LUNATIC.- -When- R.S. D. C., 951. ever an infant or lunatic residing without the District is entitled to property in the District or to maintain any action therein, a general guardian or committee of his estate, appointed by a court of competent jurisdiction in the State or Territory where said infant or lunatic resides, or any person at the request of said guardian or committee, may apply to the court by petition for ancillary letters as such guardian or committee. Said petition must be under oath and be accompanied with duly certified copies of so much of the record and proceedings as shows the appointment of such guardian or committee and that he
has given a sufficient bond to account for all property and money that may come into his hands by virtue of the authority hereby conferred. The court may thereupon issue to such guardian or committee ancillary letters as such guardian or committee, without citation, or may cite such persons as it may think proper to show cause why the said application should be refused; and the said court shall require from such person or persons the security required by law in like cases from a resident guardian or committee.-Act approved March 3, 1905 (33 Stat., Part I, p. 1006).
[Sec. 1141. NONRESIDENT INFANT OR LUNATIC.-Whenever any infant or lunatic residing without the District, but within the United States, is entitled to property in the District or to maintain any action therein, a general guardian of his estate, appointed by a court of competent jurisdiction in the State or Territory where said infant or lunatic resides, may apply to the court, by petition, for ancillary letters of guardianship. Said petition must be under oath and be accompanied with duly certified copies of so much of the record and proceedings [showing] as shows the appointment of said guardian, and that he has given a sufficient bond to account for all property and money that may come into his hands by virtue of the authority hereby conferred. The court may thereupon issue to said guardian ancillary letters of guardianship, without bond and without citation, or may cite such persons as it may think proper, to show cause why the said application should be refused.]
Sec. 1142. SUITS BY ANCILLARY GUARDIAN.-Upon the granting of said ancillary letters the said guardian shall be entitled to institute and prosecute to judgment any action in the courts of the District, to take possession of all property of his said ward, and collect and receive all moneys belonging and due to him therein, to give full receipt and acquittances for debts and to release all claims, liens, and mortgages to him belonging, on property in said District, in the same manner as if his authority had been originally conferred by the supreme court of said District: Provided, That said guardian shall be required to give security for the costs which may accrue in any action brought by him, in the same manner as other nonresidents bringing suit in the courts of said District.
App., 191; 27 D.C.
C. App., 210; 18
Sec. 1143. How OBTAINED.-Any person committed, MM, D. C. detained, confined, or restrained from his lawful liberty App., 155; Elliott within the District, under any color or pretense what- App., 464; 22 D.C. ever, or any person in his or her behalf, may apply by App., 324; 30 D.C. petition to the supreme court of the District, or any jus- App., 84, 94; 20 D. tice thereof, for a writ of habeas corpus, to the end that D. C. App., 426; the cause of such commitment, detainer, confinement, or 9 D. C. App., 128 restraint may be inquired into; and the court or the jus- 3 D. C. App., 165; tice applied to, if the facts set forth in the petition make 35 L. R., 126; 38 a prima facie case, shall forthwith grant such writ, L. R., 444. directed to the officer or other person in whose custody or keeping the party so detained shall be, returnable forthwith before said court or justice.
Sec. 1144. HOW SERVED.-The said writ shall be served by delivering it to the officer or other person to whom it is directed, or by leaving it at the prison or place at which the party suing it out is detained; and such officer or other person shall forthwith, or within such reasonable time as the court or justice shall direct, make return of the writ and cause the person detained to be brought before the court or justice, according to the command of the writ, and shall likewise certify the true cause of his detainer or imprisonment, if any, and under what color or pretense such person is confined or restrained of his liberty.
Sec. 1145. EVASION.-On any application for a writ of habeas corpus, if probable cause be shown for believing that the person charged with confining or detaining the person applying or on whose behalf the application is made is about to remove the person so detained from the place where he may then be, for the purpose of evading any writ of habeas corpus or for other purposes, or that he would evade or not obey any such writ, the court or justice shall insert in the writ a clause commanding the marshal to serve the writ on the person to whom it is directed and cause said person immediately to be and appear before the court or justice, together with the person so confined or detained, and it shall thereupon be the duty of the marshal immediately to carry the person charged with the detention, together with the person detained, before the court or justice, and said court or justice shall proceed to inquire into the matter.
Sec. 1146. REFUSAL TO PRODUCE.-If any officer or other person to whom a writ of habeas corpus may be
5 D. C. App., 256;
18 D. C. App.,280;
Ib., sec. 1143.
directed shall neglect or refuse to make return thereof, or to bring the body of the person detained, according to the command of the writ, he shall forfeit to the person detained the sum of five hundred dollars, and besides shall be liable to attachment and punishment as for a contempt.
Sec. 1147. COPY OF COMMITMENT.-Any person committed or detained, or any person in his behalf, may demand a true copy of the warrant of commitment or detainer, and any officer or other person detaining him who shall refuse or neglect to deliver to him a true copy of the warrant of commitment or detainer, if any there be, within six hours after the demand, shall forfeit to the party so detained the sum of five hundred dollars.
Sec. 1148. INQUIRY INTO CAUSE OF DETENTION.—On 23 D. C. App, the return of the writ of habeas corpus and the production of the person detained the court or justice shall immediately inquire into the legality and propriety of such confinement or detention, and if it shall appear that such person is detained without legal warrant or authority, he shall immediately be released or discharged; or if the court or justice shall deem his detention to be lawful and proper, he shall be remanded to the same custody, or in a proper case, admitted to bail, if he be confined on a charge of a bailable criminal offense; and if he be bailed, the court or justice shall require a suflicient bond or recognizance to answer in the proper court, and transmit the same to said court.
Sec. 1149. TRAVERSING RETURN.-Any person at whose instance or in whose behalf a writ of habeas corpus has been issued may traverse the return thereto, or plead any matters showing that there is not a sufficient legal cause for his confinement or detention, and the court or justice may issue process for witnesses or for the production of papers, which shall be served and enforced in like manner as similar process issued in a cause depending in court, if the court or justice shall be satisfied of the materiality of the testimony proposed to be adduced.
Sec. 1150. RIGHT OF PARENT, GUARDIAN, OR HUSBAND. Any person entitled to the custody of another person, unlawfully confined or detained by a third person, as a parent, guardian, committee, or husband, entitled to the custody of a minor child, ward, lunatic, or wife, upon application to the court or a justice as aforesaid, and showing just cause therefor, under oath, shall be entitled to a writ of habeas corpus, directed to the person confining or detaining as aforesaid, requiring him forthwith to appear and produce before the court or justice the person so detained, and the same proceedings shall be had in relation thereto as hereinabove authorized, and the court or justice, upon hearing the proofs, shall determine which of the contesting parties is entitled to the custody of the person so detained, and commit the custody of said person to the party legally entitled thereto.