TIT. I. CAP. III.

CHAPTER III.

GUARDIAN AND WARD.

PART III. 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 or heiress presumptive, until the age of twenty-one years.

Different species of guardianship.

1. By nature.

2. For nurture.

3. In socage.

2. Guardianship for nurture, which is a guardianship 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.

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

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.

But if the infant derives land by descent PART 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.

TIT. I.

CAP. III.

4. Guardianship by statute, which is 4. By statute. created 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.

A mother cannot appoint a guardian. Nor can a father make a valid appointment of a guardian to his natural child. If, however, he does nominate a person to be guardian, the Court of Chancery will generally appoint such person to that office.

tion.

5. Guardianship by election, which is 5. By elecnearly, if not quite obsolete.

pointment of the Court of

6. Guardianship, by appointment of the 6. By ap Court of Chancery, of the person and estate Chancery. of an infant, whether legitimate or illegitimate, who has property, or of the person only of an infant who, by reason of being a party to proceedings in Chancery, has become

PART III. a ward of the Court. Such a guardian may

TIT. I.

CAP. III. be appointed either where there is no other

7. Ad litem.

8. By custom.

Obligation to

account.

Liability.

Full age.

guardian, or where it appears to the Court to be expedient that a guardian of any kind should be superseded.

7. Guardianship ad litem, which occurs 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.

8. Guardianship by custom in the case of copyholds and particular cities and boroughs. (2 Ste. Com. 314-23; Macph. 19, 20, 44-48, 53, 59, 60, 76, 80-1, 103, 105, 109, 110; Sm. Law of Prop. 1011.)

Every guardian, when the ward comes of age, is bound and compellable to account to him, and must answer for all losses by his wilful default or negligence. The guardian 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.)

Full age, in male or female, is twenty-one years; and it is completed on the morning of the day preceding the anniversary of a person's birth; so that a person born on the 1st day of January, 1860, at any moment

before midnight, would be of age on the 31st of December, 1880, immediately after midnight of the 30th. (2 Ste. Com. 308; Macph. 447.)

fants.

All who are not of full age are legally Who are indesignated as infants.

TITLE

II.

RELATIONS OF LIFE IN RESPECT OF PROPERTY.

TIT. II.

CHAPTER I.

NEIGHBOURING PROPRIETORS.

PART III. THERE are certain rights which the owner CAP. I. of one neighbouring tenement has with respect to another such tenement.

Rights of neighbouring proprie

tors.

Profits à prendre.

Easements.

Those which are directly profitable are called profits à prendre; such as rights of

common.

Those which are mere rights of accommodation 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, by reason of which the owner of such other tenement is obliged to suffer or not to do something on his own land, for the advantage of the owner of the former tenement who is entitled to such privilege. There are a great number of easements; such as rights of way, rights to receive air, light, and water. (Gale on