Minors (Madras) Act, 1858 [Repealed]
(Received the assent of the Governor General on the 9th April 1858.)
An Act to extend the provisions of Act XXI of 1855 in the Presidency of Fort Saint George to Minors not subject to the superintendence of the Court of Wards.
PREAMBLE
Whereas, by Section XX Regulation V. 1804 and Section III Regulation X, 1831 of the Madras Code, the Zillah Courts, subject to the confirmation of the Sudder Adawlut, are authorised and required to appoint guardians to the Minor heirs of property of every description not subject to the jurisdiction of the Court of Wards, and by Clause 9 Section XXI of the former Regulation the guardians are required to provide for the education of their Wards in a manner suitable to their rank and condition; and whereas, by Act XXI of 1855, better provision has been made for the education of Minors subject to the superintendence of the Court of Wards, and it is expedient that the same powers which are thereby given to the Collectors and Court of Wards in respect of the Minors under their superintendence should be exercised by the Zillah Courts, subject to the control of the Sudder Adawlut, in respect of the Minors for whom they are required to appoint guardians; It is enacted as follows:
Section 1. General superintendence and control of the education of male Minor Wards vested in Zillah Judge
The general superintendence and control of the education of every male Minor, for whom a guardian has been or shall be appointed by the Zillah Court, is hereby vested in the Judge of the Zillah Court of the District within whose Zillah Judges jurisdiction such Minor's estate is situate; or, if such Minor is possessed of immoveable property within the jurisdiction of more than one Zillah Court, in the Judge of such Court as the Sudder Adawlut shall direct
Section 2. Powers of Zillah Judges
The Judge of the Zillah Court, subject to the control of the Sudder Adawlut, is hereby authorized to exercise in respect of such Minor and the guardian of such Minor all the powers and authorities which, by Sections II, III, IV, and V Act XXI of 1855, the Collector of Revenue or the Court of Wards is authorized to exercise in respect of Minors and guardians of Minors whose property is under the management of the Court of Wards.
Section 3. The right to the custody of the person of a male Minor vested in guardian appointed by the Zillah Judge with the confirmation of Sudder Court
The right to the custody of the person of every male Minor, for a guardian is appointed by the Judge of the Zillah Court, is hereby vested in the person appointed by the Judge of the Zillah Court, with the confirmation of the Court of Sudder Adawlut, either originally or upon there moval of a former guardian, to be the guardian of such Minor.
Section 4. Appeal from, the orders of a Zillah Judge to lie to Sudder Court
All orders and proceedings of a Judge of a Zillah Court under the provisions of this Act shall be subject to the revision of the Court of Sudder Adawlut, and every person aggrieved any such order or proceeding may prefer an appeal therefrom to the Court of Sudder Adawlut.