0. LIII, rr. 2-6.

order.

until such infant shall attain such age not exceeding sixteen years, as the Court or Judge shall direct, and also to order that such custody or control shall be subject to such regulations as regards access by the father or guardian of such infant, and otherwise as the Court or Judge shall deem proper. Variation of The Court or a Judge may afterwards alter, vary or discharge such order on the application of either parent (in which case the mother may apply or oppose the application without next friend) or, after the death of either parent, on the application of the guardian of any such infant; and in every case may make such order respecting the costs of the mother and the liability of the father for the same or otherwise as to costs, as the Court or Judge may think just. C. S. 1903, c. 112, s. 196, am.

627 Interest of infant to be considered in determining

2. Whenever any application shall be made to the Court or a Judge for the custody or control of an infant, or for acto which par cess to an infant, it shall be the duty of the Court or a Judge to take into consideration the interests of such infant in deciding between the claims of the parents of such infant. C. S. 1903, c. 112, s. 197.

ent custody to be given.

628 Order for maintenance.

629

Appeal.

630 Petition for

leave to adopt child.

631 Consent of child and parents.

3. The Court or a Judge may make an order for the maintenance of the infant by the father thereof, as according to the pecuniary circumstances of the father, the Court or Judge thinks just and reasonable.

4. Any order of the Court or Judge made under Rule 1 of this Order, shall be subject to appeal to the Court of Appeal. C. S. 1903, c. 112, s. 198.

II. Adoption of Infants.

5. Any unmarried person, or a husband and wife jointly, may petition the Court or a Judge for leave to adopt a child or children, and for a change of name of such child or children. C. S. 1903, c. 112, s. 240.

6. When any such child is of the age of twelve years or upwards, the written consent of such child to such adoption shall be presented with the aforesaid petition, and also written consent by each of the parents of such child, or in case of death of one of such parents, by the survivor of them, to such adoption; provided that if one of the living parents is hope

lessly insane or divorced from the other, and has not the custody of such child or children, the consent of such parent will not be required. C. S. 1903, c. 112, s. 241.

0. LIII, rr. 7-9.

632

guardian, etc.

7. If there are no living parents, then such written consent Consent by as aforesaid must be given by the legal guardian or guardians, if any, of such child or children (but the powers of such guardian shall wholly cease upon adoption); in case the said child or children should not have any guardian or guardians, then by one of the next of kin to the child or children residing within the jurisdiction of the Court; and if there are no next of kin, then by a discreet and suitable barrister, to be appointed by the Court or Judge, to act in the proceedings as next friend of and for such child; such barrister to be appointed on the petition of the person or persons desiring to adopt such child. Provided that when such child is a deserted child, and has ceased to be cared for or Deserted or illegitmate maintained by its parents, or the survivor, or by its guardi- child. an, or, if illegitimate, by its mother, it shall not be necessary to obtain the consent of such parent or guardian, and in no case shall it be necessary to obtain the consent of the putative father of an illegitimate child. C. S. 1903, c. 112, s. 242.

Court.

633

8. If the Court or Judge is satisfied as to the truth of the Order of matters stated in the petition, and as to the identity and relation of the parties, and of the ability of the petitioner or petitioners to bring up and educate the child properly, and of the fitness and propriety of such adoption, an order shall be made setting forth the facts, and declaring that from the date of such order such child to all legal intents and purposes is the child of such petitioner or petitioners, and the surname of the child is thereby changed to the surname of the petitioner or petitioners adopting such child. C. S. 1903, c. 112, s. 243.

634

9. By such order the natural parents shall be divested of Effect of order. all legal rights in respect to such child or children, and such child or children after the date of the order aforesaid shall be free from all legal obligations of obedience and maintenance in respect to them; and such child shall be for the custody of the person and right of obedience, as well as of lineal inheritance, but not collateral, to all intents and purposes the child of his or her adopter or adopters, and shall

O. LIII,

Fr. 10-13. take his or her surname, as if they had been the natural parents of such child or children. C. S. 1903, c. 112, s. 244.

635

Maintenance

and education of child.

636 Property of child dying

intestate.

10. When the child is so adopted, he shall have the same right to any claim for nurture, maintenance and education upon his so-adopted parents, as if such adopted child were the natural child of such parents. C. S. 1903, c. 112, s. 245.

11. If any such child at the time of adoption be or at any under age or time afterwards become possessed of or entitled to any property, real or personal, (other than such as he or she may become possessed of or entitled to as such adopted child under the provisions of this Order), such property shall in the case of such adopted child dying under age or intestate, go and be distributed to and among such person and persons as the same would have gone to and been distributed amongst had such adoption not taken place; provided that on failure of any person to take as last-mentioned, such property real and personal, shall pass to the adopter or adopters, or to the person or persons who would have been entitled to the same, had the said adopter or adopters been seized, possessed of or entitled to the said property, and died so seized, possessed or entitled. C. S. 1903, c. 112, s. 246.

637

On death of

father, mother

alone or

jointly with others.

III.-Guardians of Infants, Etc.

12. On the death of the father of an infant, and in case to be guardian the father shall have died prior to the commencement of the principal Act, then from and after the commencement of said Act, the mother, if surviving, shall be the guardian of such infant, either alone, when no guardian has been appointed by the father, or jointly with any guardian appointed by the father. When no guardian has been appointed by the father, or if the guardian or guardians appointed by the father is or are dead, or refuses or refuse to act, the Court or a Judge may, if he shall think fit, from time to time, appoint a guardian or guardians to act jointly with the mother. 49 & 50 Vict. c. 27, s. 2, (Imp.).

638

Mother may

appoint guard

13. (1) The mother of any infant may by deed or will ian in certain appoint any person or persons to be guardian or guardians of such infant after the death of herself and the father of such

cases.

O. LIII,

infant (if such infant be then unmarried), and where guard-rr. 14=16. ians are appointed by both parents they shall act jointly. 49

& 50 Vict. c. 27, s. 3 (1), (Imp.).

(2) The mother of any infant may by deed or will provisionally nominate some fit person or persons to act as guardian or guardians of such infant after her death jointly with the father of such infant, and the Court or a Judge, after her death, if it be shown to the satisfaction of the Court or Judge that the father is for any reason unfitted to be the sole guardian of his children, may confirm the appointment of such guardian or guardians, who shall thereupon be authorized and empowered so to act as aforesaid, or make such other order in respect of the guardianship as the Court or Judge shall think right. 49 & 50 Vict. c. 27, s. 3 (2), (Imp.).

(3) In the event of guardians being unable to agree upon a question affecting the welfare of an infant, any of them may apply to the Court or Judge for its or his direction, and the Court or Judge may make such order or orders regarding the matters in difference as it or he shall think proper. 49 & 50 Vict. c. 27, s. 3 (3), (Imp.).

guardian.

(4) Every guardian under these Rules shall have all such Powers of powers over the estate and person, or over the estate (as the case may be) of an infant, as any guardian appointed by will or otherwise would have under Act 12 Charles II., c. 24. 49 & 50 Vict., c. 27, s. 4, (Imp.).

639

Court to

guardian.

14. The Court or a Judge may in its or his discretion, Power to on being satisfied that it is for the welfare of the infant, remove remove from his office any testamentary guardian, or any guardian appointed or acting by virtue of this Order, and may also, if it shall be deemed to be for the welfare of the infant, appoint another guardian in place of the guardian so removed. 49 & 50 Vict, c. 27, s. 6, (Imp.).

640

15. An application for the appointment of a guardian of Evidence an infant under these Rules shall disclose :

(a) The age of the infant;

(b) The nature and amount of the infant's estate and

income;

(c) The infant's next of kin.

upon application for appointment of guardian.

641

jurisdiction

16. Nothing in this Order contained shall interfere with Proviso as to the jurisdiction and powers vested in the Courts of Probate of Probate under Chapter 118 of the Consolidated Statutes, 1903.

Courts.

O. LIII,

rr. 17, 18.

612

Infant seized

of mortgage

or trust.

17. Whenever any infant shall be seized or possessed of any lands, tenements or hereditaments, by way of mortgage, of land by way or in trust only for others, though such trust be an implied or constructive trust, the Court or a Judge, on petition of the guardian of such infant, or of any person interested, or by originating summons, at the instance of such person, may by order enable and compel such infant to convey the same to any other person as may be therein directed. C. S. 1903, c. 112, s. 187, am.

643

Specific performance by infant heir.

O. LIV, rr. 1-3.

644 Commission de lunatico inquirendo.

645 Commissioners.

645 Proceedings upon inquisition.

18. The Court or a Judge, on petition of or by originating summons at the instance of the executor of the estate of any person who may have died before the performance of any contract made by him in his lifetime, or of any person interested in such contract, and on hearing the parties, may by order enable and compel the specific performance thereof by any infant heir or other person. Every conveyance made pursuant to an order under this or the next preceding rule, may be executed in the name of any such infant by any person the Court or Judge shall authorize and direct, and shall be as effectual as if made by such infant when of lawful age. C. S. 1903, c. 112, s. 188, am.

ORDER LIV.

COMMISSIONS IN LUNACY.

(See O. 51, Part III.)

1. The Court or a Judge, on application by petition under oath of any person interested, for a commission de lunatico inquirendo or de idioto inquirendo, may order the same to issue, and upon such order being made the same shall issue under the seal of the Court, directed to the commissioners named in such order. C. S. 1903, c. 112, s. 228.

2. The said commission shall be addressed to a Referee or two or more persons, one at least of whom shall be a Referee, and such person or persons or any two of them, one of which two shall be a Referee, shall, after being sworn to the faithful discharge of his or their duties, execute the commission, and such inquisition shall be good and valid, to all intents and purposes, as if the said commission had been directed or addressed to, and the said inquisition returned by three or more commissioners as heretofore. C. S. 1903, c. 112, s. 229.

3. The proceedings thereupon shall be in accordance with the practice heretofore pursued, except that the jury on any