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Green's Encyclopaedia of the Law of Scotland, Vol. 13: Tutor to Zaire; Appendix and Index (Classic Reprint) by John Chisholm (Paperback / softback, 2017)

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Excerpt from Green's Encyclopaedia of the Law of Scotland, Vol. 13: Tutor to Zaire; Appendix and Index Oll T.TinPATIII-.K As Administeatoe-In-Law. A- adininistrator-in-law the father is tutor as well as ciirator to his lawfully Wlicn children (Ersk. i.6. 54);but a bastard being in law fHi.s nlli.s, his real father is t his administrator (Ersk. i.6 55; Uhon, 10 .March 1810 FO.and cant minate tutors to hmi, though he may dispone;.roi crty to him under the management of a person appointed by lumself, fa trustee. Nvho may direct the childs education (Eraser175). If capable of the duties of his office (infra, p.3), the father is the most preferable of guardians to his immediate children, the grandfather havin title to the office (Stair, i.6. 6; Ersk. siqmi; Ld. Lamimjton, - . Ior. 1 G306);and until the Act of 1886 (see Mother, infra) other 1 claim to share the duties of administration (Stair, i. 5.12, and Mores Xotc; Ersk. supra). An apparent exception to the fathers right is, that tutors, or more properly trustees, appointed by tlie dor to manage property gifted to a pupil, are alone entitled to the management thereof. An hereragain, the fathers riglit is merely excluded by the dor, the Court of Session (and, when competent, the Sheriff) are bound if asked to appoint au independent judicial factor loco tutoris (Ersk. i.6. 54);but it appears that even in that case the father may interfere in the childs interests (Eraser, 166; Fidlar, 1745, Mor. 16350). Tiie father does t need to have attained majority (Eraser, 165); be needs judicial proceeding r caution (see exceptions, infra; Stair; Ersk. supra); was under obligation to make up tutorial inventories (see infra), ris he liable for omissions (Stair; Ersk. sujjra). Although nearest heir, he is, unless barred by his conduct, entitled to the custody of his pupil child (see Custody of Children). Restrictions on Fathers BijJit as Adininistrator. (1)The Court of Session have power to interfere for the protection of pupil children. Accordingly, where the fathers conduct shows gross violation of a parents duty in regard to his childs property, or where their interests conflict, a judicial factor loco tutoris will be appointed to supersede him in the management MNab, 1871, 10 M.248; Jolmston, 1822, 1 S.558; Barclay, 1698, 4 Br. Sup.405), but it appears that hew 411 t be removed from his office of administrator-in-law Robertson, 1865, 3 M.1077). Cases have occurred where the father being in poverty, and t resident in Scotland, he was prevented from acting as administrator until he found caution Goran, 1633, Mor. 16263;Graham, 1794, Mor. 16383; Ersk. i.6. 55;Wilkie, 1688, Mor. 16311;Bell, Prin. s.2068). But poverty of itself is t a sufficient ground for appointing a judicial factor Wardrop, 1869, 7 I. 532), or for ordering the father to find security (Stevensons Trs., 1857, 19 D.462; 1861, 4 Macq. 86);on the other hand, a father insolvent has been ordered to find security before receiving payment from the pupils debtor (Jri7a, 1688, Mor. 16311). (2)For the law as to restricting the fathers right to cnstodv where the chdd is in danger from manifest cruelty, oppression, or contamination, see Cu.sTODY of Children.(3) The fathers right to be sole guardian may also be controlled and restricted by the mother under tlie powers given her by the Guardianship Of Infants Act, 1886 (q.v.) (see Mother, infra).(4) Where the interests of father and pupil are opposed in judicial proceeding., or where the father refuses to appear or concur on behalf ofo ? Ql mwu -appointed (see Pupil; Farlc, 1876, oli. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com

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Publisher
Forgotten Books
ISBN-10
1330628888
ISBN-13
9781330628881
eBay Product ID (ePID)
216721929

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Author
John Chisholm
Format
Paperback / Softback, Trade Paperback (US) ,Unsewn / Adhesive Bound
Language
English
Topic
History: World & General

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Content Note
, Black & White Illustrations
Date of Publication
13/04/2017
Country of Publication
United States

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Green's Encyclopaedia of the Law of Scotland, Vol. 13: Tutor to Zaire; Appendix and Index (Classic Reprint) by John Chisholm (Paperback / softback, 2017)

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