THE LAW RELATING TO MINORS.

THE

LAW RELATING TO MINORS

IN THE

PRESIDENCY OF BENGAL.

BY

ERNEST JOHN TREVELYAN,

BARRISTER-AT-LAW.

CALCUTTA:

THACKER, SPINK, AND CO.,
Publishers to the Calcutta University.

BOMBAY : W. THACKER & Co., LD. MADRAS: HIGGINBOTHAM & Co.

LONDON: W. THACKER & Co.

1878.

PRINTED BY THACKER, SPINK, AND CO., CALCUTTA.

TABLE OF CONTENTS.

-00-

LECTURE I.

THE AGE OF MAJORITY.

Definition of an infant-The age of majority in Bengal-Hindu law-Bengal

school-Benares and Mithila schools-Jain law-Mahomedan law-

Regulation X of 1793-Regulation XXVI of 1793-Act XL of 1858-That

Act extended to cases not brought under the jurisdiction of the Civil

Court-Does not apply to Calcutta-The lex loci contractus governs

question of minority-Wards of the Court of Wards-European British

subjects-East Indians and Native Christians-Jews-Illegitimate children

-Age of majority for special purposes-The Indian Majority Act, 1875—

Its provisions and their effect-Age of majority when completed-Persons

not domiciled in British India-Testamentary succession

LECTURE II.

THE RIGHT OF GUARDIANSHIP, NATURAL AND TESTAMENTARY.

Guardians-Who cannot be guardians-Right of guardianship under Hindu

law-Right of father-Nomination of guardian by father-Rights of

other relatives after the father-Right to give in adoption-Right to give

in marriage-Right of guardianship under Mahomedan law-Testamen-

tary appointment of guardian-Right of hizanût-Period of hizanût-

Right of custody after expiration of period of hizanût-Right of giving

in marriage-Grounds of disqualification for guardianship-Right of

guardianship of persons other than Hindus and Mahomedans-Right of

father-Power of appointment by father-Right of mother-Illegitimate

children

LECTURE III.

THE COURT OF WARDS.

PAGE

1-35

36-93

The reason for the establishment of the Court of Wards-Regulation X of

1793-Extension of its provisions-Act IV (B. C.) of 1870-The position

of the Collector-Who are subject to the superintendence of the Court-

Mode of subjecting minors to the superintendence of the Court-The

charge of the ward's property-The charge of his person-Appointment of

manager and guardian-Powers of manager-His duty-Accounts to be

delivered by manager-How surplus income to be disposed of-Suits by

and against wards-Compromise of claims-Powers of guardian-Educa-

tion of ward-Removal of manager, guardian, and other officers-Remedies

against defaulting manager or guardian-Power of Court to sell or mort-

gage-Termination of wardship-Exemption of ward's estate from sale

for arrears of revenue-Court of Wards independent of Civil Courts-

Adoption by ward

94-145