Guardian Ad Litem - Law Dictionary Search Results
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guardian ad litem see guardian ...
Guardianship
Guardianship. The care of and responsibility for a person of non-age or infancy in regard to its person or property, or both. At Common Law, the father is the guardian by nature and nurture but the rights and duties relating to that office have been modified in favour of the mother by the (English) Custody of Infants Act, 1873 (36 & 37 Vict. c. 12, (English) Guardianship of Infants Acts, 1886 (49 & 50 Vict. c. 27), and 1925 (15 & 16 Geo. 5, c. 45), and the (English) Custody of Children Act, 1891 (54 Vict. c. 3). The main consideration is the welfare of the child. In modern times, guardians may be said to be of six kinds:-(1) Testamentary.--By 12 Car. 2, c. 24, s. 8, the father, and by s. 5 of the Act of 1925, both father and mother have an equal right to appoint a guardian by deed or will to act after death respectively either jointly with the survivor or otherwise, as the Court may direct.(2) Maternal.--Under the Acts of 1886 and 1925, s. 4, on the death of the father, the mother, if ...
Next friend
Next friend. At law, an infant having a guardian might sue by his guardian, as such, or by his next friend, though he must always have defended by his guardian. In equity he sued by next friend, and not by guardian, and defended by guardian ad litem. A married woman, before the Married Women's Property Act, could not sue either at law or inequity unless her husband were joined.Infants may sue as plaintiffs by their next friends in the manner practised before the Jud. Acts in the Court of Chancery (as to which see Dan. Ch Pr., 5th ed. p. 602), and may in like manner defend any action by their guardian appointed for that purpose by Ord. XVI., r. 16. The next friend of an infant is prima facie liable for the costs, which are, however, reimbursed to him out of the infant's estate, provided he have acted properly; but the next friend of a feme covert did not incur the like responsibility. [O. 32, r. 1, C.P.C.]A married woman had, by Ord. XVI., r. 8, of the Rules of 1875, the same right of s...
Amy, or Ami
Amy, or Ami [fr. amicus, Lat.], usually called prochein amy, the next friend (as distinguished from the guardian) suing on behalf of an infant. Infants sue by a next friend and defend by a guardian ad litem; see R. S. C. Ord. XVI. R. 16; also alien amy, a friendly alien....
GAL
GAL guardian ad litem ...
Official solicitor
Official solicitor. The duties of this officer at the present time are nowhere very clearly defined: see (English) Judicature Act, 1925, s. 129, replacing (English) Official Solicitor Act, 1919 (9 & 10 Geo. 5, c. 30). A petition or summons respecting any dealing with a dormant fund, i.e., a fund in Court which has not been dealt with for fifteen years, must be served on the Official Solicitor: (English) R.S.C. Ord. XXII., Rule 11; and he has placed upon him by the (English) Court of Chancery Act, 1860 (20 & 23 Vict. c. 149), s. 2, the duty of visiting prisoners committed for contempt, and he may be assigned as solicitor to pauper litigants, and acts as guardian ad litem to persons under a disability. Subject to an order to the contrary, under Ord. LXIII., Rule 13, his costs are taxed as between party and party, Eady v. Elsdon, (1901) 2 KB 460....
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