The Ontario Reports Volume 19

The Ontario Reports Volume 19

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ...Toronto General Trusts Company by their statement of defence admitted that they had the money in their hands; and submitted to such order as the Court might see fit to make. An aflidavit was filed of Selkirk Cross of the city of Montreal, in the Province of Quebec, in which he set forth: " 1. I am a duly qualified advocate of the Province of 'Quebec, and have been for years actively engaged in practice in the Courts of the said Province, and I am familiar with the law of the said Province. 2. According to the law of the Province of Quebec the tutrix of an infant represents the minor in all civil cases, and is authorized and bound to collect and get in all sums belonging to the minor, suing for them if necessary, and is bound to invest all capital moneys received, and the receipt of the tutrix is a sufiicient release to any debtor paying, as a tutrix under the said law is in effect regarded as the minor for all legal purposes. 3. Under and by virtue of the said law a tntrix is not liable to give security for the property of the minor, but the immovable property of the tutrix is subject to a legal hypothec (or mortgage) in favour of the minor, for any moneys of the latter in her hands; and a tutrix is subject to im' prisonment if she fails to pay over whatever may be due to the minor. 4. Under and by virtue of the said laws the father of any minor is bound to accept the position of tutor for his child; and, in case the father is dead, the mother is entitled to be_appointed tutrix in preference to any stranger. 5. According to the law of'the Province of Quebec the rights of th e tutrix extend to all the personal property of the minor wheresoever situate, and her appointment is regarded as of universal effect. In accordance with...
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Product details

  • Paperback | 264 pages
  • 189 x 246 x 14mm | 476g
  • United States
  • English
  • black & white illustrations
  • 1236928571
  • 9781236928573