Clarke, Richard [Hrsg.]: The regulations of the government of Fort William in Bengal in force at the end of 1853 - to which are added, the acts of the government of India in force in that presidency: with lists of titles and an index (1): Regulations from 1793 to 1805 (London, 1854)

A.D. 1800.]

REGULATION 1.

525

A.D. 1800. REGULATION 1. Reg. i. isoo.
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BY Section III. Regulation X. 1793, it is declared, that the superintend-
ence of the Court of Wards shall not extend to joint proprietors of
estates paying revenue immediately to Government, both or all of whom
may not be females deemed by the Governor-General in Council incom-
petent to the management of their own estates, or minors, idiots, lunatics,
or others rendered incapable of the management, by natural defects or
infirmities of whatever nature ; and by Section XXIV. Regulation VIII.
1793, it is enacted, that where part of the proprietors of such estates are
minors, lunatics, idiots, or others having guardians, such guardians are to
act for them in the election of a serberakar or manager; but no provision
is made for the nomination of a guardian where no person has been
appointed to this trust by the parents of such orphan children, lunatics, or
idiots. By Section III. Regulation V. 1799, it is also declared, that in
case of a Hindoo, Mussulman, or other person, subject to the jurisdiction
of the Zillah or City Courts, dying intestate, but leaving a son or other
heir, who by the laws of the country may bel entitled to succeed to the
whole estate of the deceased, such heir, or the nearest of kin (if the heir
be under age or incompetent to the management of the estate, and no
guardian shall have been appointed), who by the law or usage of the country
may be authorized to act for him, is not required to apply to the court of
justice previously to taking possession of the estates of the deceased,
provided possession can be obtained without violence. But cases have
occurred, and may occur hereafter, in which, from the character of the
nearest of kin, or other circumstances, it may be improper that he should be
vested with this authority; with a view, therefore, to provide for all cases
of thq nature above described which now exist, or shall occur hereafter,
the following rules have been enacted, to be considered in force in the
provinces of Bengal, Behar, Orissa, and Benares, from the date of their
promulgation.
1. In all cases of joint undivided estates, when one or more of the pro- ziiiah judges au-
prietors shall die leaving heirs who are under age, lunatics, or idiots, and tho^ed, under certain
. , , - - i -ti ........ circumstances, to no-
without nominating by will a guardian or guardians to the heirs, it shall minate guardians to
be the duty of the judge within whose jurisdiction such estate may be ^squaMediandhoiders
situated (or the principal part ot it, m the event of its being situated m thorityofthe Court of
two or more jurisdictions), on the receipt of a report from the col-
lector, or from any other person or persons interested in the welfare
of the family of the deceased, stating the grounds on which he or they
may consider the next of kin as untit to be entrusted with the care of the