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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 643   View pdf image (33K)
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16 CAR. 2, CAP. 7, GAMING. 643
tion is not bona fide, or the guardian making the application is grossly
immoral; and if the guardian by nurture deliver the infant to another for
instruction, he may afterwards retake it. Therefore in B. v. Clarke, 7 E.
& B. 186, where no more appeared than that the father had been a
Protestant and the mother was a Roman Catholic, and intended to edu-
cate the child in her own persuasion, the Court ordered the child to be
delivered to the mother.
Guardian** right to habeas corpus for ward.—If the child be detained
from the legal guardian, he may sue out a writ of habeas corpus to have
his ward brought into Court and delivered to him.30 The father, it would
appear, is entitled to this remedy against the mother, though the infant
be at her breast, if the Court see no ground to impute to the father any
motive injurious to the health or liberty of the child, R. v. De Manneville,
B East, 221, (see 10 Ves. Jun. 59); R. v. Greenhill supra; although Chan-
cellor Bland said in Helms v. Franciscus, 2 Bl. 563, that "even a Court of
Common Law would not go so far as to hold nature in contempt, and
snatch helpless, puling infancy from the bosom of an affectionate mother,
and place it in the coarse hands of the father; the mother is the softest
and safest nurse of infancy, and with her it will be left in opposition to
this general right of the father;" however, for this he relies only on a
South Carolina case. But the mother of an illegitimate child within the
age of nurture may claim it on habeas corpus against the reputed father,
R. v. Hokins, 7 East, 579; see 1 N. R. 148.
30 In re Andrews, L. R. 8 Q. B. 153. See also note S supra.
STATUTES
Made at WESTMINSTER. Anno decimo sexto CAROLI secundi
Regis and A. D. 1664.
CAP. VII.
An Act against deceitful, disorderly, and excessive Gaming.
Whereas all lawful Games and Exercises should not be
otherwise used, than as innocent and moderate Recreations,
and not as constant Trades or Callings to gain a Living, or
make unlawful Advantage thereby; (2) and whereas by the
immoderate Use of them, many Mischiefs and Inconveniencies
do arise, and are daily found, to the maintaining and encour-
(42)

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 643   View pdf image (33K)
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