CHAPTER III.

GUARDIAN AND WARD.

PART III.
CAP. III.

TIT. I.

Different

THERE are several species of guardianship: 1. Guardianship by nature, which is a guardianship of the person only, belonging to the ancestor, in respect to his heir apparent species of or heiress presumptive, until the age of 1. By nature. twenty-one years. 408.

guardian

ship.

ture.

2. Guardianship for nurture, which is a 2. For nurguardianship of the person only, belonging

to the father, or, at his decease, to the mother, and extends to all the children, until the age of fourteen years, if not to the age of twenty-one. 409.

3. Guardianship in socage, which extends 3. In socage. both to the person and the estate, where the legal estate in hereditaments of socage tenure descends upon a minor. 410.

If the land descends to the heir ex parte paterna or ex parte materna, the guardianship of the person belongs to the next of blood to whom the inheritance cannot descend. 411.

PART III.
TIT. I.

But if the infant derives land by descent CAP. III. both ex parte paterna and ex parte materna, the next of kin on either side first seizing the infant is entitled to the custody of his person. This guardianship continues until the minor is fourteen years of age. 412.

4. By statute.

5. By elec tion.

6. By ap pointment of the Supreme Court.

4. Guardianship by statute, which is cre-
ated by an appointment by a father, made
by deed or will, of a guardian of the persons
and estates of his legitimate children, until
the age of twenty-one years, or for any less
time. Such an appointment is effectual
against all persons claiming as guardians in
socage or otherwise. 413.

A mother cannot appoint a guardian.
Nor can a father make a valid appointment
of a guardian to his natural child. If, how-
ever, he does nominate a person to be
guardian, the Supreme Court will generally
appoint such person to that office. 414.
5. Guardianship by election, which is
nearly, if not quite, obsolete. 415.

6. Guardianship, by appointment of the
Supreme Court, of the person and estate
of an infant, whether legitimate or illegiti-
mate, who has property, or of the person
only of an infant who, by reason of being a
party to proceedings in Court, has become
a ward of the Court. Such a guardian may

be appointed either where there is no other guardian, or where it appears to the Court to be expedient that a guardian of any kind. should be superseded. 416.

PART III.

TIT. I.

CAP. III.

7. Guardianship, ad litem, which occurs 7. Ad litem. where a person (usually the father or ordinary guardian) is appointed by a Court of justice to prosecute or defend for an infant in any suit to which he is a party. 417.

custom.

8. Guardianship by custom, in the case of s. By copyholds and particular cities and boroughs. (2 Ste. Com. 314-323; Macph. 19, 20, 44–8, 53, 59, 60, 76, 80, 81, 103, 105, 109, 110.) 418.

to account.

Every guardian, when the ward comes of Obligation age, is bound and compellable to account to Liability. him, and must answer for all losses by his wilful default or negligence. The guardian Allowances. will be allowed his reasonable costs and expenses, but may not make any profit out. of his ward's estate. (2 Ste. Com. 323; Macph. 348, 350.) 419.

Full age, in male or female, is twenty-one Full age. years; and it is completed on the morning of the day preceding the anniversy of a person's birth; so that a person born on the 1st of January, 1860, at any moment before midnight, would be of age on the 31st of December, 1880, immediately after midnight

PART III. of the 30th. (2 Ste. Com. 308; Macph. 447.)

TIT. I.

CAP. III. 420.

Who are infants.

All who are not of full age are legally designated as infants. 421.

TITLE II.

RELATIONS OF LIFE IN RESPECT OF

PROPERTY.

CHAPTER I.

NEIGHBOURING PROPRIETORS (a)..
the ut non lamblas

THERE are certain rights which the owner of
one neighbouring tenement has with respect

to another such tenement. 422.

Those which are directly profitable called profits à prendre; such as rights common. 423.

PART III.

TIT. II.

CAP. I.

Rights of neighbour

are ing proprie

of

tors.

Profits a prendre.

Those which are mere rights of accom- Easements. modation are termed easements. An easement may be defined to be a right and privilege, without profit, which the owner of one neighbouring tenement has with respect to another tenement, and by reason of which, for the advantage of the owner of the tenement whereto such privilege is annexed, the

(a) See supra, par. 270-5.