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    1. [KENT-ENG] LAW OF GUARDIANSHIP c.1800
    2. zandara
    3. Hello Listers, The right of a father, Popish Recusants excluded, to dispose of the custody of his child(ren) was first addressed in the Tenures Abolition Act, 1660 (c. 24), S. 8. The Act had been passed with a long and cumbersome title "An Act takeing away the Court of Wards and Liveries and Tenures in Capite and by Knights Service and Purveyance, and for setling a Revenue upon his Majesty in Lieu thereof" and was passed to effect the dissolution of the previously existing Courts of Wards, which had gone into an intermission of sorts on 24 Feb 1645, in addition to the dissolution of the Courts of Liveries and Tenures by Knights service. Although the Courts of Wards and likely this Tenures Abolition Act was originally designed to protect the Monarch's rights to protect his or her interests in the holdings of his knights (archaic) or tenants and sub-tenants through careful regulation of the activity of any knight's child(ren), the effect of this Act is still seen in estate matters, today. The short title of "The Tenures Abolition Act 1660" was devised by Statue Law Revision Act, 1948 (c. 62), Sch. 2. Below, is the section, verbatim, from the Act granting the right of a father to dispose of custody of his child(ren). Bear in mind that every act of parliament triggers a truckload of necessary documentation, it's simply the mechanism by which that happens and the jurisdiction involved that changes as the trigger is tripped. VIII. [F1 And where any person hath or shall have any Child or Children under the age of [F2 eighteen years] and not married at the time of his death that it shall and may be lawfull to and for the Father of such child or children, [ X1 whether borne at the time of the decease of the Father or at that time in ventre sa mere, or whether such Father be within the age] of [F2 eighteen years] or of full age by his deed executed in his life time, or by his last Will and Testament in writeing in the presence of two or more credible witnesses in such manner and from time to time as he shall respectively thinke fitt to dispose of the custody and tuition of such child or children for and dureing such time as he or they shall respectively remaine under the age of twenty one yeares or any lesser time to any person or persons in possession or remainder other than Popish Recusants, And that such disposition of the custodie of such childe or children made since the twenty fourth of February One thousand six hundred forty five or hereafter to be made shall be good and effectuall against all and every person or persons claiming the custody or tuition of such childe or children as Guardian in soccage or otherwise; And that such person or persons to whom the custodie of such childe or children hath beene or shall be soe disposed or devised as aforesaid shall and may maintaine an action of Ravishment of Ward or trespasse against any person or persons which shall wrongfully take away or detaine such childe or children for the Recovery of such childe or children and shall and may recover damages for the same in the said Action for the use and benefit of such childe or children.] Annotations: Amendments (Textual) F1 S. 8 repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. III but reproduced for the purpose of construing the remaining provisions of the Act F2 Words substituted by Family Law Reform Act 1969 (c. 46), s. 1(3), Sch. 1 Pt. I Editorial Information X1 annexed to the Original Act in a separate Schedule Sincerely, Susan D. Young, St. Catharines, Ontario, Canada Chief Executive, Ancestry Solutions www.ancestrysolutions.com County Administrator, Kent OPC www.kent-opc.org

    04/14/2010 03:39:43