Section 111. Any relative or friencl of a Minor in respect of ~vl~ose property such Certificate has not been gran

111. Any relative or friencl of a Minor in respect of ~vl~ose property such Certificate has not been granted, or, if the property Who lnay apply to Court to appoint of the property, consist ill whole or in lnrt of lallcl or any illtere~t in land, the Collector of the District., may a$pply Who lnay apply to Court to appoint a person t o take charge of the property, kc., of a Xinor. to the Civil Court to appoint ZL fit person to take charge of tlie prope~ty and person of such 3I:inor. TV: If . . ,,, . . . . . .:,,,::, . ' , , . . : . . . . . . \ . .. . .. . . . . ACrl' No. XX oa 1864. I . If the property be situate in inore than one District, ally such' apl~lica~tion as afoyesaid sliall be niade to the Civil To ~vliat Coart application to be made if property be sitnnte in inore C O U S ~ of the District i1i ~vlzich the Minor has hi$ thau one District. resiclence. V. When applicatioii shall have been macle to the Civil Court citlie~ by Smumry iuqiry to IIC nmde by a person claimiiig a 1.ight to have' charge of the. Coart on application. property of a ?&noy, or by any relative or friend of a Minor, or by the Collector, the Court sllall issue notice of tlie application ancl fix a clay for Ilearing tlie same. On the day so fixed, or as soon after as niay be coizveiiient, the Court shall inqaire sumniarily into the circumstances, l'rovisu. ancl pass orclers in the case. Pro~riclecl always that-it shall be coinpetent to the Civil Conrt to direct ally Court subordinate to it to make such inquiry aiicl report the result. VI. If it, shall appeaT that any person claimiiig a right to have charge. Certificate of Achlllinistratioll to of the property of a Minor is eiitit,lecl to such right ~vholu to I)e granted. by virtue of a Will or Deecl or othev instrument in writiizg, and is willing to undertake tlie trust, the Conrt shdl grant a Cer- tificate of Administration to sucli person. If there is no person so entitled, or if such person is un~rilliiig to undertake tlie trust ancl there is any nea? relative of the 3fiiior TI-110 is willing and fit to be eiitrustecl with the c l ~ a ~ g e of his pl*operty, the Court. may grant a Certificate to such relative. The. C o ~ u t `m a y` nppoint po~soll 11asing[Court may also if it think fit (unless ][a ][Gnarcliau ] such Certificittc Guardia~l of illillor's have been appointed by tlie father), ctppoint such person. persoii as aforesaid, or sucli relative or any other relative or friend of the ~Iiiior, to be Guardian of the person of the IXiiior. I The Cor~r t nay call upon the Collector or Xagistrate for n report. Court lna,J ,.,,,, ,,,) o,, Collector or 011 the cl~aracte~ ancl cjualifica,tion of ally relative acter Magistrat,e for a reporl on the char- sod q~~nlific~tioll of relative or or friencl of the Minor, who may be desirous 01: fiicud. willing to be.entrustecl with the charge of his propertj2 or person, ancl it sha,ll be incumbent on the Collector or Magistrate to furnish such report after n~altiiig d l dne inquiry. pertj2 or person, ancl it sha,ll be incumbent on the Collector or Magistrate to V HI. If no title to [LL ] Certificate be establishecl to tlie satisfaction of the t'roceeding if title t,, a certiCourt by a persoii claimiiig under a Will or Deed ficntc be e.;tahl'sl~led, and if there he At to entrnsted witll or otlier instrument in writing, aiicl if there be no the charge of l,ropcl.ty, kc., of i\~inor. near relative willing and fit to be entrusted with the charge of the property or persoii of the Minor, and the Court shall think it 4 `T` t; `k` ACT PITO; XX 012 1864. it to be necessary for tlie interest of the Minor that provisioiz should bc ilzade by the Conrt for tlie charge of his property or person, the Court shall proceed t,o malce such provisioil iu t l ~ e lilailner heyeinafter provided. IX. If tlze estate of t.lle iMinor consists of moveable property or of ~f eatate consists of mo\~cahlc pro~ ~ O L I S ~ S , gardens, or the like, the Court shall grant perty, kc., Court m h grant Cert,ificate to I,uhlie Cnratol. or other a Certificate to the Public Curat,or apl~ointecl under l)cr.son. Sectioii XIX, Act XIX of 1841 `( f o ~` the 2~~oteci,io?2 ?f nsoveccble a ~ h c l inamoz;ecc6le pl-operty cyai72st ~ u ~ * o ~ z g f i ~ l 2~0ssessio1z i12 cc/,ses o f successions), or if tliere be no Public C~irator to ally fit person 14~lzom tlie Coart map select for the purpose. `S.` Whenever tlie Court shall grant a Certificate of Adlninistratioiz to tlie estate of a Minor as aforesaicl, it shall at tlze Al~l)ointu~rut of Chardinn same time appoint a Guardian to take charge of the person and inaiiltenaizce of tlie Minor. The person to whoin a Certificate of Acllzzinistration has beell granted, unless he be tlze Public Curator, or tlze legal heir of tlie Minor, or next in succession to the property, may be appointed Guardian. Provicled that in t,he case of Minors who have inherited property by adoption, the natural fatlier may be appointed Gaarclian. If tlie person al>poii~ted' to be Guardian be anlvilling to disclza~ge the trust gratuitously, the Court may assign hi111 SLIC~I allowaiice to he paid C+navdian's allowance. out of the estate of the Minor as under the cixcumstances of the case it izlay think suitable. Tlle Court inay also fix such allowance as it may think proper for tlie mainteAllon .111ce for lnaintenance of Minor hc. nance of tlic Minor, surviving parent ~vlietlzel. natural or atlopt.ive, linsband, wife ant1 children, if any, and snc1.z allowance aizci tlie allomrance of the Guarcliaii (if any) s1i:~ll be paicl to the Guardian bg t<l~r P~11,lic Curator or otlier person as aforesaid. XI. If the estate of tlie >finor colisist in whole or i11 part of land oiany interest in land, tlie Court may direct the o,l,. \Vhen the estate consists of ,nay cfi,.ect co,lector to land, tae Collector of the District iiz which the larger part c l n r ~ c of estate. of the same mag be situated to txke charge of the estate. XII. Tlze Civil Court iiiay take such security as it shall think necessary, from any person to whom it may grant a Certificate may talcc secoritg. talcc secoritg. of Administration of tlie property of any Minor under ('ourt may talcc secoritg. talcc secoritg. ACT No. XX OF 1864. tulder this Act. Provided always, that no such security shall be clemancleci from the Collector of a District or the Public Proviso. Curator, wllcn their services map 110 availed of. XIII. In all inquiries aiicl otlier proceedings held or had lny the Civil Court under this Act, the Court may make sncll Cost of inquiries under this Act. order as to the paynlent of costs by the person on whose application such inquiry was made or proceecling hacl, or out of tlie estate of the iYlinor, or otherwise, as it may tliillk proper. XIV. 3lThenever one or inore of the prolnrietors of an estate ~vliich lias to be follolved olle or been placecl uilder the Collector's charge shall more of telle ~ro1)rietors of estate have passed his or their l&nority, tile Collector placed lulder Collector's chalSge nlay colue of nge. shall 'epresent the fact to the Civil Court, and tlie Court, unless it see sufficient reason to thc contrary, may direct the Collector to retain charge of the shares of the property of the still clisqualified proprietors cluring the contiiiuance of their clisqnalification, or until it sha.11 be otherwise ordered by the Court ; or the Court may clirect the whole estate to be made over to the maiiagenient of the proprietor or proprietors who shall have become of age, with such dlirectioiis as to the share or shares of tlie still 8 s - qualified proprietor or proprietors as to tlie Court shall seem fit and proper. . XV. The proceedings of the Collector in the charge of estates uncler . Proceedings of Collector subject t o[this Act shall be subject to ,the control of the ] control of superior Revenue Authorities. SUl)eri~r Revenue Authorities, XVI. The Public Curator and every other Administrator to whoin a Pnl~lic Curztol., kc., t , ~ f~1rnisl i nventCertificate sha.11 have been granted under Section ory m1cI a11uua1 accounts. X $all, wit.hiii six months fToni the date of the Certificate, deliver in Cou~t an iiivelitory of a,l1 the iiiimoveable property belonging to the IIiiior, and of all-such sums of money, goods, effects, and things as he shall have received on account of the estate, together witli a. stateinent of all debts due by or to the same. And the Public Curator and every such other Administra.tor shall furnish aniiually witliilz three months from tlie first of Nay of the Cliristian era an account of the property in his charge, exhibiting the amounts received, disb+ursed, and investecl on account of the estate, and the balance in hand. If any rels~tive or friend of a Minor, or any public Officer by petition t o the Court shall impugn the accuracy of Proceedirlg if accuracy of i l ~ v ~ ~ ~ t ~ r ~ the said i~iveniory snd st&emeizt or of any ailnual or account be impugned. account, the Court inay summon the Curator or A~iminist~ator, `I` 1 I `4` , ACT No. XK OF 1864. Administrator, and inquire summarily into the matter and make such order tboreon as it shall think proper, or the Court, at its discretion, may refer such pebition to any subordinate Cou~t for investigation and report. XVII. All sums received by the Public Curator or such other Administrator on account of any estate, in excess of what Surplus funds to be invested by Public Curator, kc., in Public Secnrities may be required for the current expenses of the on account of estate. NPinor or of the estate, shall by him be invested on account of the estate, from time to time, in the Public Securities. ' XVIII. Every person to whom a Certificate shall have been granted under the provisions of this Act may exercise the Powers of person to whom Certificate has been grallted b, the management same powers in the management of the estate as of Minois estate. might have been exercised by the proprietor if not a Minor, and may collect and pay all just claims, debts, and liabilities due to or by the estate of the Minor. But no such person shall have power to sell, alienate, mortgage, or otherwise incumber any immoveable property, or to grant a lease thereof for any period exceeding five years, without the sanction of the Civil Court previously obtained. XIX. It shall be lawful for any relative or friend of a Xinor at any time ~~elative or friend may sue for an during the continuance of the minority to sue for zxn account. account from any Manager appointed under this ,4ct, or from any person to whom a Certificate shall have been granted under %he provisions of this Act, or from any such Nanager or person after his removal from office or trust, or from his peksonal representative in case of his death, ir?. respect of any estate then or formerly under his care or ma'nagement, or of any sums of money or other property received by him on account of such estate. * XX. If the ctisqualification of a person for whose benefit a suit shall ha-ve Continuance of suit instituted undel. been instituted under this Act cease before the 'his Act after disc~ualification shall have ceased final decision thereof, it shall be lawful for such person to continue the prosecution of the suit on his own behalf. XXI. The Civil Court for any sufficient cause may recall any Certificate Revocation of Certificate granted under this Act, and may direct the Collector to take charge of the estate, or- may grant a . fresh Certificate to the Public Curator or any other person a$ the case may be, an C / ACT No. XX OF 1864. and may compel the person whose Certificate has been recalled to make over the properti in his hands to his successor, and Removal of Guardian. account to such successor for all moneys received and disbursed by him. The Court may dso for any sufficient cause remove any Guardian appointed by the Court. XXII. The Civil Court may impose a fine not exceeding five hundred Penalty for neglect or refusal to de. Rupees on any person who may wilfully neglect liver accounts or prope~ty. or refuse to deliver his accounts or any property in his hands, within the prescribed time or a time fixed by the Court, and may realize such fine by attachment and sale of his property uncley the rules in force for the execution of decrees of Court, and may also commit the recusant to confinement in the Civil Jail until he shall conseilt to deliver such accounts or property. XXJII. The Civil Court may permit any person to whom a certificate Civil C O ~ T ~ may permitresignation shall have been granted under this Act not being of trust, &c. the Public Curator, and any Guardian appointed by the Court, to resign his trust, and may give him a discharge therefrom on his accounting to his successor duly appointed for all moncys received akd disbursed By hini and making over the property in his hands. XXIV. The Public Curator and every other Administrator to whom s Remuneration of Public Curator, kc. Certificate shall have been granted under Section X shall be entitled to receive such commission not exceeding five pcrcentum on the sums received and disbursed by him, or such other allowance to be paid out of the Minor's estate, as the Civil Court shall think fit. XXV. Every Guardian appointed by the Civil Court under this Act Guar+n of Knors under this ~ c t[who shall have charge of any malc Minor shall be ] to provide for their education. bound to provide for his education in a suitable manner. The general superintendence and control of the education of all such Minors shall be vested in the Civil Court. XXVI. In the exercise of this superintendence and control, it shall be Civil Court may fia the residence lawful for the Civil Court to direct that such and place of education of Aliuor. Minor shall reside either with or without his Guardian at the Budder Station of the District, or at any other place within the Presidency of Bombay, and shall attend for the purppses of education snch `I` 4 ACT No. XX. OF 1864. such1 School or College as to the said Civil Court may seem expedient, and to make such provision as may be necessary for the proper care and suitable maintenance of the said Minor whilst attending such School or College. XXVII. If it shall appear to the Civil Court inexpedient to place any Or in certain rases cause &finof S U C ~ Ninor at School or College, it shall, if the `to` be educatcd 11riv;ctely. B proceeds of the estate are sufficient for that pur- pose, cause such Minor to be educated by a piivate tutor properly qualified, either at the family residence of such IVLinor or at the Sudder Station, or elsewhere within the Presidency of Bombay, and in that case also the Civil Court shall have power to determine, from time to time, the place of residence of such Minor, ancl to make such provision as may be necessary for his proper tuition and maintenance during the period of his education. XXVIII. A11 charges and expenses which may be incurred on account Cilarges expenses incurred of any m l e Ninor under the provisions of this paid out this Act of tile profits of Minor's 'OF be Act, for ~ o & e or School fees, or for other charges estnte. of tuition or education, or by reason of his resid- ence inany place otlm than his o m home or otherwise, shall be defrayed from the 'profits of his estate in the same manner as other expenses incurred under the authority or with the sanction of the Civil Court. XXIX. Every Guardian appointed under this Act who shall have cha~ge of an unmarried Minor, shall pay all the necesBfnrriage of Minors. sary expenses of the marriage of such Minor out of the estate ; provided that these expenses shall in no case, without the sanction of the Civil Court, involve the Minor's estate in debt. XXX. For the purposes of this Act every i$rlio to be held a Ifinor for the pur- poses of t11k A C ~ . person shall be held to be a Minor who has not attained the age of eighteen years. XXXI. Nothing in this Act shall authorize the appointment of a Act not to authorize the app>int-[Guardian of the person of ][a ][female whose hus- ] me~tt of Guardians of certain mar?ied band is not a Minor, or the appoilltment of any women. person other than s female as the Guardian of the QuardiaIlship during the minority of perSon of a female. If a Guardian of the person the husband of Minor when to cease. of a Minor be appointed cluring the minority of the husband of the Minor, the Guardianship shall cease as soon as the husband shall attain the age of majority. XXXII. Nothing . 4 1 -! + + 3 1 ,g 5 ' , .ACT No. XX o . ~ 1'8B&. XXXII. Nothing in this Act shall be held fo interferewi.th &he provi- Ad not, to interfere with A ~ ~ . ~ X X V sions of Act XXXV of 1858 ('for nzc&i.ng bettel* of `185s.` provision. `fop` the cccre -oy the .Estates of Lmatics). XXXIII. All orders passed by the Civil Court under this Act shall Orders of tbthe Civil C O U ~ ~ open to[be open to appeal to the High Court at Bombay, ] ~PP&. and shall be subject to all the provisibns contained in Section 366 of the Code of Civil Procedure. XXXIV. The expression " Civil Court" as used in this Act shdl be held to mean the principal Court of original Civil Construction of'words " Civil Court." jurisdiction in the District, and shall not include tllo .High. Court of Jndic,ature - ; and nothing contained in this Act shall be Powers of High Court not to be[held to affect the powers of the High Court of ] affected. Judicature over the person or property of any Minor subject to its jurisdiction. Unless tho contrary appears' from the context, words importing the singular number Number. shall include the plural number, and words importing the plural number shall include the singular number; `and` words Gender. importing the masculine gender shall include females.