clothes at the expiration of the time; which indenture shall be approved by the court and recorded. SEC. 3. Any guardian may with the approbation of that court in which his appointinent shall be recorded, and not otherwise, Lind his said apprentice to such person for learning such art or trade, and with such covenants on the part of the master or mistress as the said court shall direct; and any such apprentice with the like approbation, or any apprentice bound by his father, may, with the approbatian of the court of that county in which the father shall reside, after he shall be sixteen years of age, agree to serve until he be twenty-one years of age, or any shorter time; and any such agreement entered on record shall bind him. 1803. Ward bound out under di rection of court. IN FORCE FROM ITS PASSAGE. AN ACT for the relief of persons who may have been or may be injured by the destruction of the records of any court: Approved December 27, 1803.-3 Litt. 156. SEC. 5. Be it further enacted, That it shall be the duty of the county court in any case where the order appointing, or the bond executed by a guardian, executor or administrator shall be destroyed, to compel such guardian, executor or administrator to qualify again and execute a new bond with security agreeable to law. 1831. Duty of county guardian'sbond Courts when the has been destroyed. IN FORCE FROM ITS PASSAGE. AN ACT to amend the laws in relation to Guardians: Approved January 15, 1831.-Session Acts, p. 167. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of an act, passed the first of March, seventeen hundred and ninety-seven, as required guardians to exhibit their accounts for settlement, with the county courts, once in every year, be, and the same is hereby repealed; and guardians hereafter, shall only be required to make out upon oath, an inventory of the estate of their respective wards, and file the same with the county court clerk, whose duty it shall be, to record the same in a book kept for that purpose; and the clerks shall be allowed to charge such fees, as are allowed by law for similar services. Provided, however, That the guardian shall not be required to make out but one inventory for the whole of the estate of his respective wards, having the same ancestor: And, Provided further, That it shall and may be lawful for the county court, upon the information of any one of its meml ers, or upon affidavit, made by any person, that the guardian is mismanaging the estate of his ward, that said county court shall be required to summon any such guardian to appear, and settle the accounts of his ward with said court, and in the discretion of said court, they may either continue or remove said guardian, and appoint some other person to take charge of said estate. [When a guardian may apply to the circuit court for the sale of the real estate of his ward. See title INFANTS' REAL ESTATE, post.] [For the power of the court over such guardian, in requiring him to render an account of his proceedings. See same title.] [For the act exempting guardians, &c. from payment of officers' fees out of See title CLERKS, p. 396, ante. their own estate. [For the power of the guardian over the estate of his ward, held in trust, or by mortgage. See title CONVEYANCES, ante, p. 455.] [For the manner in which the accounts of guardians are now required to be settled. See title COUNTY COURTS, p. 510, ante.] TITLE 89. GUARDS. 1802. IN FORCE FROM ITS PASSAGE. AN ACT to amend an act entitled "An act to establish Circuit Courts: Approved SEC. 24. And be it further enacted, If, for the want of a suffiHow guards cient jail in any county in which a circuit court is held, it shall be may be summoned for the necessary to impress or hire guards for the safe keeping of any safe keeping of prisoner in the said jail, the circuit court, or a judge thereof in vaa prisoner in jail, and how cation, shall have power and authority to order such jailer to im paid. press or hire such guards; and the said court shall certify to the county court the amount of the allowance to said guards, which it shall be the duty of the justices of the county court to order to be paid out of the county levy. 1831. IN FORCE FROM ITS PASSAGE. AN ACT to amend the laws in relation to summoning Guards, to conduct convicts to the penitentiary: Approved November 18, 1831.-Session Acts, p. 22. SEC. 1. Be it enacted by the General Assembly of the Commonbut two wealth of Kentucky, That hereafter no sheriff or other officer, Sheriff to sum mon vey a criminal shall summon or take with him, more than two persons as a guard, guards to conto assist him in conducting a convict to the penitentiary, without to penitentiary, the special order of the circuit judge, before whom the conviction without special shall take place, made before said gaurd shall be summoned. SEC. 2. Be it further enacted, That no judge shall make an order allowing more than two to be summoned as a guard, for the purpose aforesaid, unless it shall be made to appear to him, before said guard shall be summoned, by satisfactory evidence, that there is danger of an escape, by rescue or otherwise; in which case he is authorized to make an order of record, allowing as many more to be summoned as he may deem necessary, to secure and conduct the convict to the penitentiary. SEC. 3. Be it further enacted, That if two or more criminals shall be convicted at the same term of the court, they shall all be conducted to the penitentiary by the same sheriff or other officer, or his deputy, and he shall only be allowed compensation for one trip, and shall not summon more than three persons as a guard, unless by the special order of the judge, made as aforesaid, and upon like proof as aforesaid, he shall be allowed to summon more; and no compensation shall be allowed for guards that shall be summoned otherwise than as directed by this act. All acts coming within the purview of this act, are hereby repealed. [For the twenty-fifth and twenty-sixth sections of the act of 1798, declaring that when the judges of the district court shall receive a jail as sufficient, the county shall not be chargeable for guards, and that the expense of guarding prisoners in district jails in other cases shall be paid out of the public treasury. See title CLAIMS ON THE TREASURY, p. 360, ante.] [For the act of the same year fixing the allowance to guards for conducting a prisoner to jail, and guarding him while there. See same title, p. 368, ante.] [For the third section of the act of 1811, fixing the compensation to guards summoned to assist in taking a convict to the penitentiary. See same title, p. 368, ante.] order. Judge not to make such ortain cases. der but in cer Provision when there is more than one con vict at the same term to be conveyed. Habeas corpus 1796. IN FORCE FROM FIRST OF JANUARY, 1797. AN ACT to amend an act entitled an act to establish District Courts in this Commonwealth: Approved December 17, 1796.-1 Litt. 479. SEC. 13. All writs of habeas corpus may be granted without may be granted seal, pursuing in all other respects the act entitled "an act directing the mode of suing out and prosecuting writs of habeas corpus." without seal. Writ of habeas corpus. Proceeding on. Any judge of a district court IN FORCE FROM THE FIRST OF MARCH 1797. AN ACT directing the mode of suing out and prosecuting writs of Habeas Corpus: SEC. 1. Be it enacted by the General Assembly, That whensoever a habeas corpus shall be served by delivering it to the officer or other person to whom it is directed, or by leaving it at the jail or prison in which the party suing it out is detained, unless the warrant of commitment plainly and specially express the same to have been for treason or felony, if the charges of bringing the prisoner, to be ascertained by the court or judge who awarded the writ, and thereon endorsed, not exceeding twelve pence per mile, te paid or tendered, and sufficient security for paying the charges of carrying him back in case he be remanded, and that he will not escape by the way, be given; then the officer or his deputy, within three days after such service, or if the prisoner is to be brought more than twenty miles within so many days more as will be equal to one day for every twenty miles, of such further distance shall make return of the writ, and bring the body of the prisoner, or cause it to be brought before the proper judge or judges according to the command thereof, and shall then likewise certify the true causes of his detainer or imprisonment. SEC. 2. Every such writ shall be signed by him who awarded it. SEC. 3. And if any person shall be or stand committed or detained as aforesaid for any crime, unless it be for treason or felony, or justices of a plainly expressed in the warrant of commitment in the vacation court of quarter time, the prisoner not being convict, or in execution by legal proward writs of cess, or any one on his behalf, may appeal and complain to any sessions may a and in what cases. Further pro a ceedings on habeas corpus. judge of the district court, or justice of the court of quarter sessions, habeas corpus, who, at the request of such prisoner or other person on his behalf, attested by two witnesses present at the delivery thereof, is hereby authorized and empowered upon a view of the copy of the warrant of commitment, or detainer or otherwise, upon affidavit made copy was desired to be given by him in whose custody the prisoner is detained, to award and grant a habeas corpus, to be directed to the officer in whose custody the party committed or detained shall be, returnable immediately before the said judge or justice, or any judge or justice of one of the said courts, and upon service thereof as aforesaid, the officer or his deputy, in whose custody the party is so committed and detained, shall within the times before respectively limited, bring the prisoner before the court, or one of the judges or justices thereof, before whom the writ is made returnable, or in case of his absence, Lefore any other of them, with the return of the writ and the true causes of the commitment and detainer; and thereupon the judge or justice Lefore whom the prisoner shall be brought, shall, within two days thereafter, discharge him from imprisonment, taking his recognizance with security in any sum according to the direction of the judge or justice, having regard to the circumstance of the prisoner and the nature of the offence, for his appearance in the district court the term following, or in some other court where the offence is properly cognizable, as the cause mɩy require; and then also certify the same writ with the return thereof, and the said recognizance into the said court where such appearance is to be made, unless it appear to the judge that the party so committed is detained upon a legal process, under a warrant out of some court that hath jurisdiction of criminal matters, or by some warrant signed and sealed with the hand of any of the judges or justices, or some justice of the peace for such matters or offences, for which by the law the prisoner is not Lailable. space SEC. 4. If any person shall have wilfully neglected by the of two terms after his imprisonment, to pray a habeas corpus for his enlargment, such writ shall not be granted to him in vacation in pursuance of this act. SEC. 5. Any officer neglecting or refusing to make the return aforesaid, or to bring the body of the prisoner according to the command of the writ within the time aforesaid, or not delivering a true copy of the warrant of the commitment and detainer within six hours after demand thereof made to the prisoner or person demanding it on his behalf; which copy the officer or his deputy is hereby required to deliver, shall forfeit to the prisoner one hundred pounds; to recover which, the right of action shall not cease by the death of either or both the parties.. Sac. 6. No person who shall have been delivered upon a habeas corpus shall afterwards be imprisoned or committed for the same If prisoner neglects for two terins to pray habeas corpus, it shall not be granted to him in vacation. Penalty on officer neglecting to obey the writ, &c. Person delivered upon a habeas corpus not |