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Guardian

court, guardians and jurisdiction

GUARDIAN, by appointment of the Lord Chancellor. It is not easy to state how this jurisdiction was acquired ; for it is certainly of no very ancient date, though now indisputable ; for it is clearly agreed, that the king, as pater patrix, is universal guardian of all infants, idiots, and luna tics, who cannot take care of themselves ; and as this care cannot be exercised otherwise than by appointing them pro per curators or committees, it seems also agreed, that the king may, as lie has done, delegate the authority to his chancellor : and that therefore at this day the Court of Chancery is the only proper court that !lath jurisdiction in appointing and re moving guardians, and in preventing them and others from abusing their per sons or estates. And as the Court of Chancery is now vested with this autho rity, hence in every day's practice we findthat court determining, as to the right of guardianship, who is the next of kin, and who the most proper guardian ; as alse orders are made by that court, on petition or motion, for the provision of infants during any dispute therein ; as likewise guardians removed or compelled to give security ; they and others punish ed for abuses committed on infants, and effectual care taken to prevent any abuses intended them in their persons or estates ; all such wrongs and injuries being rec koned a contempt of that court, that bath, by an established jurisdiction, the protection of all persons under natural disabilities. All courts of justice appoint

guardians to infants, to see and prosecute their rights in their respective courts, when the occasion calls for it There are also some cases where an infant may elect a guardian, and the Court of Chancery allows him to do so after fourteen.

Guenniax of the Spiritualitiee, is he to whom the spiritual jurisdiction of any dio cese is committed, during the vacancy of the see. The archbishop is guardian of the spiritualities, on the vacancy of any see within his province ; but when the archiepiscopal see is vacant, the dean and chapter of the archbishop's diocese are guardians of the spiritualities.