GUARDIAN AND WARD.

THE next relationship in which it is probable that a young person may be placed, is that of ward to a guardian.

It would be of no practical utility for me to discuss the various kinds of guardianship that arose out of the feudal tenures, or to mention those of an exceptional character, which are founded upon custom, in certain places (the city of London and some parts of Kent, for example), but which are seldom acted upon. The principles of the former are important to the lawyer-the origin of the latter is interesting to the antiquary; but I have only to deal with what I find in daily operation at the present time.

I have said that a father is entitled to the custody of his children, and so, in some cases, is their mother. The former is their guardian by nature, and may manage their property, accounting to them when they come of age or marry, for the profits. The father, or the mother after his death, is also their guardian for nurture until they are fourteen years old. In some cases the mother will be allowed, in the lifetime of the father, to have sole charge of her children whilst under the age of seven years.

Guardianship "for nurture" continues till the child has attained the age of fourteen, and the guardian for nurture is entitled to the custody of the child during that period. The law recognizes, for this purpose, no distinction as regards the discretion of the child between those ages. Where a child aged ten has been brought

At one time, if a parent were authorized by a marriage settlement or other instrument to appoint-that is, direct to be paid-a sum of money amongst his or her children-very little discretion was allowed him, and he was bound to make, as nearly as might be, an impartial distribution of it; but experience taught that, by insisting upon an equal division, no reward could be given for dutiful, and no punishment for undutiful conduct, and that the parental authority was consequently diminished. The law was therefore altered, and now a parent, circumstanced as I have stated, may give a shilling to one child, and all the rest of the fund to another; or may even leave it all to one or more, without any mention of those excluded.

GUARDIAN AND WARD.

THE next relationship in which it is probable that a young person may be placed, is that of ward to a guardian.

It would be of no practical utility for me to discuss the various kinds of guardianship that arose out of the feudal tenures, or to mention those of an exceptional character, which are founded upon custom, in certain places (the city of London and some parts of Kent, for example), but which are seldom acted upon. The principles of the former are important to the lawyer-the origin of the latter is interesting to the antiquary; but I have only to deal with what I find in daily operation at the present time.

I have said that a father is entitled to the custody of his children, and so, in some cases, is their mother. The former is their guardian by nature, and may manage their property, accounting to them when they come of age or marry, for the profits. The father, or the mother after his death, is also their guardian for nurture until they are fourteen years old. In some cases the mother will be allowed, in the lifetime of the father, to have sole charge of her children whilst under the age of seven years.

Guardianship "for nurture" continues till the child has attained the age of fourteen, and the guardian for nurture is entitled to the custody of the child during that period. The law recognizes, for this purpose, no distinction as regards the discretion of the child between those ages. Where a child aged ten has been brought

up by a writ of habeas corpus obtained by the mother, a widow, who was the guardian for nurture, the Court would not examine the child to ascertain if it had mental capacity sufficient to exercise a choice as to whether it should be brought up in the Protestant or the Roman Catholic faith, but at once restored it to the custody of the guardian, it appearing that she had not forfeited her right by immoral conduct, and was not applying in bad faith, in demanding the custody of her child.

Guardians of the property and persons of infants, or of their property alone, are now almost universally appointed either by deed or will of a deceased father, or by the Court of Chancery. Guardians appointed by deed or will, have all the powers and rights of a parent; those appointed by the Court of Chancery enjoy as many of such privileges as the court may entrust to them.

One of the principal functions of our courts of equity is to protect the persons and property of infants. They therefore exercise a wide jurisdiction over the parents and guardians of children possessed of estates, real or personal. Should the former treat their offspring with cruelty, or be guilty of conduct such as is likely to affect their happiness, or to render it impossible for them to remain together without moral contamination; or if, because they are associated, others will shun the society of the children-then the court will, upon application, remove the children from the custody of the offending parent, and hand them over to the care of a guardian. Again, should the parent be in insolvent circumstances, and likely to waste the property of the children, a guardian will be appointed. Equity will also dismiss guardians who have acted improperly, no matter how they have been constituted, and will make them account annually for the profits of the estates of their wards; and in case of any disagreement arising between them, if more than one, as to how the ward is to be maintained, educated, and advanced in life, will settle the dispute, and direct how much money is to be expended, in what school or university the ward is to be placed, to

what profession he is to be brought up, and give all other necessary directions.

When a suit is instituted in a court of equity, in relation to the estate or person of infants, they immediately become wards in Chancery, and are entitled to the protection of the court, notwithstanding that they may be under the immediate tutelage of a parent or guardian. Infants can be made wards of court by settling small sums of money upon them (not less than £100 it seems), and by filing a bill for the proper administration of the property.

The sanction of the court is necessary for the marriage of its wards, and a person who marries one, either male or female, without its permission, may be committed for the contempt: if the offender be a man, until his wife becomes of age; he will also be compelled to make a suitable settlement of her property; if a woman, until she has purged her contempt by submission. Indeed, the modern rule goes so far as to declare that the husband of a ward of court, married without consent, shall take no interest whatever in her property; and such contempt gives the court jurisdiction over both parties, and it may refuse to part with any portion of the property of the wife during their joint lives, whether the wife at the time of consent is of age or not. In cases of this description, the court exercises its jurisdiction with a view to what is most for the benefit of the ward and her children.

It is a criminal contempt to carry off a ward from the custody of those to whom the court has confided him or her; against the consequences of which even the privilege of Parliament is no protection. It is also a contempt of court to send one of its wards out of its jurisdiction, even although he has gone abroad as an officer in the army, when he has entered that profession without legal sanction; and when an infant ward of court enlisted in the East India Company's service and was about to be sent to India, the court, at the instance of his guardian, ordered his discharge.

When a woman who has been constituted a guardian