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she would have had in the real estate had it not been sold. In the event of the husband's recovery, the wife may dispose of her interest in such investment as before provided in section eighteen, and the same, when received from the sale of her estate, shall descend as real property, and subject to the same charges, should she die before her husband.
Sec. 22. When a wife is insane, and her husband shall wish to sell his real estate, and have her right of dower therein released to the purchaser, he may apply by petition to the circuit court, and such court, should it deem it proper, may order a release thereof to be executed by a commissioner to be appointed for that purpose, and the same shall be as effectual to pass her right of dower as if duly executed and acknowledged by her while of sound mind, and properly certified. The wife's interest in the proceeds of sale shall be secured as provided in the preceding section, and, in the event of her recovery, may be transferred by her as provided in section eighteen.
Sec. 23. If any female of the age of twelve and under fourteen years shall marry without the consent of her father or guardian, or, if she have none, of her mother, the circuit court shall, upon the petition of her next friend, commit her estate to a receiver, who shall hold the same, and pay out, under the direction of the court, the rents and profits thereof, to her separate use during her coverture; and after the determination thereof, all such estate shall be delivered into the possession of the female, her heirs, and distributees, other than her husband.
Sec. 24. The circuit court, or the judge of the orphans' court, on application being made, shall require tenants by the curtesy, when the deceased wife shall have left infant children by a former marriage, to enter into bond, with sufficient surety, for the maintenance and education of such children in a manner consistent with the value of the estate and the number of her other children. Such bond, when required, shall be filed and recorded in the office of the register of wills.
SECTION 1. Parents, when of sufficient ability, shall be bound to maintain their children while poor and unable to work to maintain themselves; and children shall be bound to maintain their parents under like circumstances. This obligation shall extend to grandparents and grandchildren.
Sec. 2. If any minor who has a father living has property, the income of which is sufficient for his maintenance and education in a manner more expensive than the father can reasonably afford, regard being had to the situation of the father's family, and to all the circumstances of the case, the expenses of the maintenance and education of such child may be defrayed out of the income of his own property, in whole or in part, as shall be deemed reasonable by the judge of the orphans' court, and the charges therefor may be allowed accordingly in the settlement of the accounts of his guardian.
Sec. 3. Every father or mother may, by will, appoint a guardian for his or her minor children, as provided in the second section of chapter seventy-two.
Sec. 4. Minor children may be bound as apprentices by their father, and, in case of his decease, by their mother, in the manner provided in the fourth section of chapter seventy-three.
Sec. 5. When any husband and wife shall live in a state of separation, without being divorced, and shall have minor children of the marriage, the wife may apply to the circuit court for a habeas corpus, to have such minor child brought before it.
Sec. 6. On the return of such writ, the court, on due consideration, may award the charge and custody of the child so brought before it to the mother, for such time, and under such regulations and restrictions, and with such provisions, as the case may require.
Sec. 7. At any time after passing such order, the circuit court may, on the petition of either the father or mother, annul or modify the same, as circumstances may require.
Sec. 8. The court shall also have the power to provide, in its discretion, according to the circumstances of the case, for the access of the mother when the child is in the custody of the father.
Sec. 9. The court shall have power to compel the father or the mother, having the means, to pay such sum at stated periods, to be applied under the court's direction to the maintenance and education of the child, as under all the circumstances the court shall deem just
Sec. 10. If property be settled, or a fund provided, for an infant, upon condition that either or both parents shall surrender their right to the care and custody of the child, and the parents, or either of them, as the case may be, shall, by acquiescing for a time, and permitting the child to be educated and reared in a manner conformable to the provision, encourage in it corresponding expectations, such parent or parents shall not be allowed to resume the custody of the child, and disappoint those expectations.
OF GUARDIAN AND WARD.
1. Who shall be natural guardian.
appointed by the orphans' court, to
give bond. 9. Penalty, condition, &c., of such bond. 10. Liability of bond. 11. New or counter security required of
age of twenty-one, except on marriage
of female ward, &c. 6. When infants over fourteen years of age
may nominate their own guardians,
&c. 7. When natural guardian to give bond,
guardians, as of administrators. 12. Rights of guardians. 13. How delivery of ward's property to his
guardian may be enforced. 14. Guardian to have ward's personal estate
ported on, and how.
of ward; how regulated. 20. Guardian not to be summoned by court,
ex officio, to account, if estate do not
exceed in annual value fifty dollars. 21. Penalty ; guardian failing to account. 22. When and how guardian may sell per
sonal estate of ward under order of
court, 23. Same, of leasehold estate of ward. 24. Proceeds thereof; how invested. 25. Surplus money of ward invested in like
phans' court to appoint another. 39. Guardian, when removed, to account
and turn over property. 40. Executor or administrator of guardian,
on his death, to do the same. 41. Orphans' court may order administrator,
executor, or trustee, to pay over legacy,
&c., to foreign guardian. 42. Foreign guardian may be compelled to
give bond to answer for such legacy,
&c., to those in remainder, &c. 43. Such bond, how recorded and sued upon. 44. Circuit court may, in like manner, order
trustee to pay to foreign guardian,
proceeds of sale of ward's real estate. 45. Receipts and acquittances to guardians;
when recorded, and how evidenced. 46. Judge of orphans' court not to act as
26. How money received by guardian from
trustee, on sale of ward's real estate,
to be invested. 27. No part of such fund to be expended for
maintenance, &c., unless with the sanc
tion of the circuit court. 28. In the event of ward's death, same to
descend as real estate.
exhibit a final account, and deliver
SECTION 1. The father of any infant child shall be his natural guardian, and, on the father's death, the mother, if she survive, shall, 80 long as she remains unmarried, enjoy the same right as to all her children who are without a testamentary guardian.
Sec. 2. Every father may, by his last will, appoint a guardian for his infant child, born or to be born, and in default of such appointment by the father, or on the death, removal, or failure to qualify, of such testamentary guardian, the mother shall, if she survive, have the same power of appointment.
Sec. 3. The orphans' court shall have power to appoint a guardian to any infant child who may have property of any kind within, or whose person and residence may be within, the jurisdiction of the court, unless such infant already have a natural or testamentary guardian. Sec. 4. When a testamentary guardian shall renounce, fail to
qualify, be removed, or shall die, during the minority of the ward, the orphans' court shall appoint a guardian in his stead, saving to the mother of such ward her right as natural guardian, and her power of appointment, as hereinbefore provided.
Sec. 5. Such guardianship shall continue until the infant, whether male or female, attains the age of twenty-one years: provided, however, that the marriage of any female ward over eighteen years of age, to a person of full age, shall operate as a legal discharge of her guardianship, and the guardian shall account to the husband of such ward in the same manner as if she had arrived at full age.
Sec. 6. If the orphans' court be called on to appoint a guardian, and the infant be under the age of fourteen years, the court shall nominate and appoint the guardian ; if the infant be above that age, he may, in the presence of the court, or by writing acknowledged before a justice of the peace, nominate his own guardian, who, if approved by the court, shall be appointed. If the guardian nominated by such infant shall not be appointed by the court, or if the infant shall neglect to nominate a suitable person, after being summoned, if he shall reside within this District, the court may nominate and appoint the guardian, in the same manner as if the infant were under the age of fourteen years. Any infant for whom the court has appointed a guardian while under the age of fourteen years, may, nevertheless, on attaining that age, nominate, as hereinbefore provided, his own guardian.
SEC. 7. When an infant whose father or mother shall be living, shall be entitled to any separate property, the orphans' court may compel such father or mother entitled to act as natural guardian, to give bond and security, and to account as in case of other guardians, and, in the event of his or her failing so to do, the court may appoint a guardian.
SEC. 8. The orphans' court shall require of every guardian it appoints, and of all testamentary guardians, unless it be otherwise directed in the will appointing them, to give bond for the faithful performance of their trust.
Sec. 9. No guardian required by this chapter to give bond shall have any authority to act until he shall have entered into such bond. The same shall be given to the United States, with two or more sureties to be approved by the court, and in a penalty double the