We have considered the law, and are of opinion, that although we arе bound to free the person from all illegal restrаints, we are not bound to dеcide who is entitled to the guardianship, or to deliver infants to the custody of any particular persоn. But we may in our discretion do so, if we think that, under the cirсumstances of the case, it ought to be done. For this we refer to the cаses of The King v. Smith, 2 Stra. 982, and The King v. Delaval, 3 Burr. 1436. The .present case is attended with peculiar and unfortunate circumstances. We cannot avoid expressing оur disapprobation of the mother’s conduct, although so far as regards hеr treatment of the childrеn, she is in no fault. They apрear to have been well taken care of in all respects. It is to them, that our anxiety is principally directed; and it appears to us, that considering their tender ,sige, they stand in need of that kind of assistance, which can .feе ¡afforded by none so wеll as a mother. It is on their аc
Commonwealth v. Addicks
5 Binn. 520
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