-2.

viction; and shall be liable to six months' imprisonment.PROTECTION is a natural duty, permitted rather than enjoined by municipal laws.- -3. The last and very important duty of parents is that of EDUCATION; for a parent confers little benefit upon his child if he neglect his CULTURE and EDUCATION.

By the Elementary Education Act, 1870,* an Act to provide for public elementary education in England and Wales, provision is made for the establishment of school districts, providing for every district a sufficient amount of accommodation in public elementary schools available for all the children resident in such district, for whose elementary education efficient and suitable provision is not otherwise made. These schools are managed by district school boards, appointed by the Education Department, that is, "the Lords of the Committee of the Privy Council on Education." The expenses are paid out of a fund called the school fund, moneys received as fees from scholars, that is, from those who are able to pay,-moneys provided by Parliament and moneys raised by the School Board as provided by the Act. Any sum required to meet any deficiency in the school fund shall be paid by the rating authority out of the local rates.

Thus the Elementary Education Act not only affords the means of establishing in every parish a good elementary school, but provides that every child shall be taught to read and write, and enforces the attendance of all children who are not otherwise educated.+

The POWER of parents over their children is given them. partly to enable the parent more effectually to perform his duty, and partly as a recompense for his care and trouble in the faithful discharge of it. The consent or concurrence of the parent to the marriage of his child under age is a means which the law has put into the parent's hands in order the better to discharge his duty of protecting his child from the snares of artful and designing persons, and of settling it properly in life by preventing the ill consequences of too early and precipitate a marriage.

* See 33 & 34 Vict., c. 75; also recent stat. 35 & 36 Vict., c. 54, which amends the Public Schools Act of 1870.

As to the education of criminal children, see 3 & 4 Vict., c. 90; and 29 & 30 Vict., c. 117.

The father may, by will, appoint a guardian to such of his unmarried children as are infants, called a testamentary guardian, who has the same legal powers as the parent.

The mother has no legal power over the children in the father's lifetime, except by Talfourd's Act, 2 & 3 Vict., c. 54, by which a court of equity is empowered, on petition by the mother, to order the custody by her of children under seven years of age.

What are the Duties of Children to their Parents? They arise from a principle of natural justice, for to that— the closest and dearest tie-we naturally owe subjection and obedience during our minority, and honour and reverence ever after. They who protected the weakness of our infancy are entitled to our protection in the infirmity of their age: they who by SUSTENANCE, CARE, and EDUCATION have enabled their offspring to prosper, ought in return to be supported by that offspring, in case they stand in need of assistance. Upon this principle proceed all the duties of children to their parents which are enjoined by positive laws; and, by the Acts relating to the poor, the children of poor parents not able to work are compelled, if of sufficient ability, to relieve and maintain their parents, as the justices of the peace may direct.

Explain the general Private Relation of Guardian and Ward.

A GUARDIAN is a temporary parent of an infant; but when the ward comes of age, he is bound to give him an account of all that he has transacted on his behalf, and must answer for all losses by his wilful default or negligence. The Lord Chancellor is, by right derived from the Crown, the general and supreme guardian of all infants; and, in the event of any guardian abusing his trust, the Court of Chancery will check and punish him, and may remove him and appoint another in his stead.*

GUARDIANS are of five kinds :-1. Testamentary, where the father by will or deed executed disposes of the custody and tuition of his children until they attain twenty-one years.- -2. Customary, which depends upon the law of the particular place where it exists.- -3. Ad litem, where any court before which

* See 13 & 14 Vict., c. 60, ss. 7, 20.

the infant is a suitor has power to appoint a guardian to protect such infant's particular interest in the particular proceedings instituted.-4. By appointment of Chancery; where the court has power to appoint a guardian as its instrument to protect the general interests of its infant ward.-5. Guardian in Trust; an implied, indirect guardianship, arising from a person intruding himself into an infant's property, who must account for his acts in Chancery, being regarded as the infant's trustee.*

An infant may contract for his benefit-may bind himself apprentice, because it is for his advantage; so, also, he may be bound after he attains twenty-one, to pay for NECESSARIES furnished during his infancy; and likewise for good TEACHING and instruction, whereby he may profit himself afterwards.

An infant cannot be sued but under the protection and joining the name of his guardian, who is to defend him against all attacks, as well by law as otherwise; but an infant may sue either by his guardian, or prochein amy, his next friend who is not his guardian. This prochein amy may be any person who will undertake the infant's cause, and undertaking to pay the necessary costs; and it frequently happens that an infant, by his prochein amy, institutes a suit in equity against a fraudulent guardian.

By stats. 7 Wm. IV., and 1 Vict., c. 26, s. 7, an infant cannot make a valid will, nor act as a sole executor.

In criminal cases, an infant of the age of fourteen years may be capitally punished for any capital offence; but under the age of seven he cannot. The period between seven and fourteen is subject to much uncertainty; for the infant shall, generally speaking, be judged primâ facie innocent; yet, if he was doli capax, and could discern between good and evil at the time of the offence committed, he may be convicted and undergo judgment and execution, though he hath not attained to years of puberty or discretion. An infant may be sworn as a witness, however young, provided he understands the nature of an oath.

Who are Bastards? What are the Legal Duties of the Parents towards a Bastard Child? What are the Rights and Incapacities attending Bastard Children?

A bastard, by our English laws, is born out of lawful wed* See 20 & 21 Vict., c. 75, 85.

lock. The civil and canon laws do not allow a child to remain a bastard if the parents afterwards intermarry; and herein they differ most materially from our common law, which though not so strict as to require that the child shall be begotten, yet makes it an indispensable condition to make it legitimate, that it shall be born after lawful wedlock. The rights of an illegitimate child are very few, being only such as he can acquire; for he can inherit nothing, being looked upon as the son of nobody— filius nullius.

The duty of parents to their bastard children is principally that of maintenance. The mother is primarily liable to support it; but, if unable to do so, she may summon the putative father before justices in petty sessions, who can, by the recent Act to amend the Bastardy Laws,* make an order on the putative father of such bastard child for the payment to the mother, or to any person who may be appointed to have the custody of such child, of a sum of money weekly, not exceeding five shillings a week, for the maintenance and education of the child, and of the expenses incidental to the birth. This order continues till the child attains the age of thirteen years, or till its mother marries, whereupon the husband will be liable to support the child. If the putative father neglects to pay the sum in pursuance of such order, he may be committed to gaol, or to the House of Correction, for a period not exceeding three calendar months, unless the sum is paid sooner, with the costs and charges attending the commitment.

The rights which appertain to a bastard were only such as he could acquire; but now he is entitled to have a birth settlement of his mother until he attains the age of sixteen.

The incapacity of a bastard consists in this, that he can neither be heir to any one or have heirs, except the issue of his own body; because, being nullius filius, he has neither ancestors nor collateral relations. If he die intestate and without lawful issue, his personal or real property will escheat to the Crown. Upon petition to the Crown the right will generally be transferred to the nearest member of the family.

35 & 36 Vict., c. 65.

CORPORATIONS AND COMPANIES.

We have hitherto considered persons in their natural capacities, and have treated of their rights and duties; but as all personal rights die with the person, and as the necessary forms of investing a series of individuals, one after another, with the same rights would be very inconvenient, if not impracticable, it has been found necessary, when it is for the advantage of the public to have particular rights kept on foot and continued, to constitute certain abstract bodies or artificial persons (a number of persons associated together), who may maintain a perpetual succession and enjoy a kind of legal immortality. These "artificial persons" are called, bodies politic, bodies corporate, or corporations, of which, for the advancement of religion, of learning, and of commerce, a great variety subsist.

What are these "Corporations" or "Bodies Politic," and explain their Purposes and Advantages.

Artificial persons established as a body for preserving in perpetual succession certain rights, which, being conferred on natural persons only, would fail in process of time by their successive deaths.

When these persons are consolidated and united into a corporation, they and their successors are then in law considered as one person, and have only one will, which is collected from the votes of the majority upon any given subject affecting the general body.

When a corporation is instituted, a name must be given to it, and by that name alone it must sue and be sued, and perform