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Part 1 — Duties and Obligations of Public Trustee
1. (1) In this Act "court" means the Supreme Court.
(2) The Public Trustee may petition the court on behalf of infants possessed of or entitled to land in the Province, for an order to dispose of all or part of the land. The court may proceed in a summary manner on affidavits to inquire into the merits of the application.
(3) If the court is of the opinion that the disposition is expedient, necessary or proper in the interests of the infant or for his maintenance or education, or that by reason of a part of the land wasting, dilapidating or depreciating from any cause, satisfactory to the court, his interest requires, or will be substantially promoted by the disposition, the court may order that a disposition of the land be made by the Public Trustee in the manner and with the restrictions the court believes appropriate.
Historical Note(s): RS1960-268-9; 1969-35-21; 1976-33-101.
2. The petition shall state the nature and amount of the property, other than land, if any, to which the infant is entitled, the necessity for resorting to the land, its nature, value, and the annual net revenue from it. It shall designate the land proposed to be disposed of, propose a scheme for that purpose and for the disposition of the proceeds, state specifically the relief desired and circumstances sufficient to justify the disposition of the land and the proposed application of the proceeds.
Historical Note(s): RS1960-268-10.
3. Each disposition made by the Public Trustee under the order is as effectual as if the infant had executed it and had been of the age of 19 years at the time. It is not necessary in the transfer to recite any part of the proceedings, but it shall briefly refer to the order.
Historical Note(s): RS1960-268-11; 1969-35-21.
4. The money arising from the disposition shall be applied and disposed of in a manner the court directs.
Historical Note(s): RS1960-268-12; 1976-33-101.
5. No disposition gives to the infant any other or greater interest in the proceeds of the disposition than he had in the property disposed of. The heirs, next of kin, or other representatives of the infant have the same interest in any surplus of the proceeds which may remain at the death of the infant as they would have had in the land disposed of as if no disposition had been made.
Historical Note(s): RS1960-268-13.
6. (1) If land of an infant is subject to an uncertain encumbrance, and the person entitled to the encumbrance consents in writing to accept in place of the encumbrance a sum of money which the court thinks reasonable, or the permanent investment of a reasonable sum of money in a manner that the interest is made payable to the person entitled to the encumbrance during her or his life, the court may direct payment of the sum or the investment of the other sum of money out of the proceeds of the disposition of the land.
(2) The court, in a case where land of an infant is subject to a lien or encumbrance of uncertain duration, may compute its reasonable value, order a disposition of the land of the infant discharged from the lien or encumbrance, and direct the payment of the value of the lien or encumbrance out of the proceeds of the disposition.
Historical Note(s): RS1960-268-14; 1976-33-101.
7. Where it appears to the Public Trustee that there are grounds for believing that a disposition of land in which an infant is interested is being made or is about to be made by a personal representative, official administrator or other person to the prejudice of the infant, the Public Trustee may lodge a caveat with the proper registrar of titles prohibiting dealing with or registration affecting the land until an order of the court is obtained approving of the disposition, or until the caveat is withdrawn or otherwise discharged. The Public Trustee may take the steps he considers necessary to protect the infant, and may attend at a hearing before the court. The court on the application of the Public Trustee may make the order considered necessary to protect the interests of the infant.
Historical Note(s): RS1960-268-15; 1969-35-21; 1976-33-101.
8. Where a notice to proceed has been delivered to the Public Trustee under section 7 of the Limitation Act and it appears to the Public Trustee that the guardian to whom that notice was delivered is failing to take reasonable steps to protect the interests of the disabled plaintiff or is otherwise acting to the prejudice of the disabled plaintiff, the Public Trustee shall
(a) investigate the circumstances stated in the notice and out of which the claim may arise or be claimed to arise; and
(b) commence and maintain a proceeding for the benefit of the disabled plaintiff if he believes that the proceeding would have a reasonable prospect of succeeding and would result in a judgment that would justify commencing it.
Historical Note(s): 1975-37-15.
9. The court may direct that the costs of a proceeding commenced by the Public Trustee, or which it is necessary or expedient for him to attend, be taxed and paid either out of the estate of the infant or by any other person who is a party to the proceeding.
Historical Note(s): RS1960-268-17; 1969-35-21; 1976-33-101.
10. (1) Money belonging to the estate of an infant at the credit of the account of the Public Trustee may be invested by the Minister of Finance in investments permitted for a trust fund under section 36 (2) of the Financial Administration Act, and the estate shall be credited with earnings from the investments in a manner directed by the Minister of Finance.
(2) Securities taken and held by the Public Trustee for investment under the powers formerly held under the Official Guardian Act, and deposited with the Minister of Finance, shall be held by the Minister of Finance until maturity or prior redemption, when the proceeds shall be paid to the account of the Public Trustee.
(3) In case the securities mentioned in subsection (2) are found insufficient to repay in full the money invested, the Lieutenant Governor in Council may direct the amount of the deficiency to be paid from the consolidated revenue fund.
(4) Notwithstanding a court order, money at the credit of the account of the Public Trustee, belonging to the estate of an infant of which he is guardian, and any interest earned or received on it shall not be reinvested except as permitted by subsection (1).
Historical Note(s): RS1960-268-19; 1969-35-21; 1981-15-108, proclaimed effective November 26, 1981.
11. Where the Public Trustee is the guardian of the estate of an infant, he may, for any money or other property of the infant held by him or to his account, exercise for the benefit of the infant the powers conferred on trustees by section 24 of the Trustee Act and, without the necessity of the court's approval, by section 25 of that Act.
Historical Note(s): 1968-53-15; 1976-33-101.
12. (1) The Public Trustee, in his sole discretion, may authorize payment of part or all of the money in court to the credit of an infant for his maintenance, education or benefit.
(2) Subsection (1) applies notwithstanding the terms, governing the money in court, of an agreement, settlement, compromise or other arrangement, or of an order of the Supreme Court, other than an order of the Supreme Court on appeal under subsection (3).
(3) An infant, without the appointment of a guardian for the appeal, or any person on an infant's behalf, in a summary manner on 10 days notice in writing to the Public Trustee, may appeal to the court against a direction, or the refusal to make a direction, under subsection (1) or section 12.1 (1).
Historical Note(s): 1971-27-3,4; 1987-12-7, effective June 26, 1987 (B.C. Reg. 182/87); 1989-40-108; 1989-64-4.
12.1 (1) Where the Public Trustee holds money in trust for an infant, the Public Trustee may authorize payment of part or all of the money for the maintenance, education or benefit of the infant.
(2) Subsection (1) is subject to the terms of a will or trust deed, if any, establishing specific terms for the trust.
Historical Note(s): 1989-64-5.
13. Where the Public Trustee has occasion to employ a barrister or solicitor in a proceeding about the property of an infant, the barrister or solicitor is entitled to receive from the infant's property, through the Public Trustee, or otherwise, costs for his services which are usually allowed in a proceeding of a similar nature in the court.
Historical Note(s): RS1960-268-20; 1969-35-21.
14. (1) On termination of his guardianship of an infant by reason of the ward attaining the age of 19 years, the Public Trustee, after deducting any commission and settling the claims and liabilities of the property arising or accruing due before the ward's majority, shall
(a) pay or transfer the property of the ward to him on receiving his release; or,
(b) if the ward requests, pass his accounts as a guardian under the Rules of Court.
(2) On termination of his guardianship of an infant for any other reason, the Public Trustee, after deducting any commission, shall pass his accounts under the Rules of Court.
Historical Note(s): RS1960-268-22; 1968-53-15.
16. (1) Subject to subsection (4), the consent of an infant who has attained 16 years of age to surgical, medical, mental or dental treatment which, in the absence of consent, would constitute a trespass to his person, shall be as effective as it would be if he were of full age.
(2) Where an infant has, by virtue of this section, given his consent to any treatment it is not necessary to obtain a consent from his parent or guardian.
(3) In this section "surgical, medical or mental treatment" means any procedure undertaken by a medical practitioner, and "dental treatment" means any procedure undertaken by a dentist who is a member of the College of Dental Surgeons of British Columbia, for the purpose of diagnosis or treatment, including in particular the administration of an anaesthetic, or any other procedure ancillary to the diagnosis or treatment.
(4) Nothing in this section makes a consent effective unless
(a) a reasonable effort has first been made by the medical practitioner or the dentist to obtain the consent of the parent or guardian of the infant; or
(b) a written opinion from one other medical practitioner or dentist is obtained confirming that the surgical, medical, mental or dental treatment and the procedure to be undertaken is in the best interest of the continued health and well being of the infant.
(5) This section does not make ineffective a consent which would have been effective if the section had not been enacted.
(6) A medical practitioner or dentist who treats an infant under subsections (1) and (2) without consent from his parent or guardian may provide the parent or guardian of the infant with the information the person treating the infant considers advisable.
Historical Note(s): 1973-43-1.
16.1 In this Part "contract" includes an executed and an executory contract.
Historical Note(s): 1985-10-1, effective July 8, 1985 (B.C. Reg. 137/85).
16.2 (1) Subject to this Part, a contract made by a person who was an infant at the time the contract was made is unenforceable against him unless it is
(a) a contract specified under another enactment to be enforceable against an infant,
(b) affirmed by him on his attaining the age of majority,
(c) performed or partially performed by him within one year after his attaining the age of majority, or
(d) not repudiated by him within one year after his attaining the age of majority.
(2) A contract that is unenforceable against an infant under subsection (1) is enforceable by an infant against an adult party to the contract to the same extent as if the infant were an adult at the time the contract was made.
Historical Note(s): 1985-10-1, effective July 8, 1985 (B.C. Reg. 137/85).
16.3 (1) Where a contract is unenforceable against an infant under section 16.2 (1),
(a) the infant, or
(b) where the infant has repudiated or is in breach of the contract, another party to the contract,
may apply to a court of competent jurisdiction for relief against
(c) a party to the contract, or
(d) subject to subsection (5), any person who has acquired a right to or interest in property transferred under the contract.
(2) In an application under subsection (1), the court may order that
(a) compensation be paid by or to any of the parties to the contract,
(b) there be restitution of property,
(c) the parties to the application be discharged from further obligations under the contract or with respect to property transferred under the contract, or
(d) compensation be paid to a person, not a party to the contract, who has been ordered to make restitution of property.
(3) Before making an order under subsection (2), the court shall consider
(a) the circumstances surrounding the making of the contract,
(b) whether the infant induced any person to enter into the contract by misrepresenting his age,
(c) the subject matter and nature of the contract,
(d) in the case of a contract relating to property, the nature and value of the property,
(e) the age and means of the infant,
(f) whether any party to the application has so changed his position that it would be unfair or inequitable to make an order against him, and
(g) any other relevant circumstances.
(4) For the purposes of subsection (3) (b), an infant does not induce a person to contract with him on the basis of a misrepresentation as to his age where
(a) a person to whom the misrepresentation was made did not have reasonable grounds for believing that the misrepresentation was true, or
(b) by reason only that the infant signed or otherwise adopted a document relating to the transaction that
(i) contained a statement that the infant was 19 years of age or otherwise had contractual capacity,
(ii) was prepared and tendered by or on behalf of the other person, and
(iii) was prepared and used by the other person in similar transactions.
(5) Where property has been transferred under a contract that is unenforceable against an infant under section 16.2 (1), no relief shall be given under this section against a person who has acquired a right to or interest in the property where
(a) that person is not a party to the contract, and
(b) the property had been transferred bona fide and for value
(i) to that person, or
(ii) to any of the person's predecessors in title who was not a party to the contract.
(6) A disposition of property or a grant of security or other interest in property made under a contract unenforceable against an infant under section 16.2 (1) is effective to transfer the property or interest, unless and until an order respecting that transfer is made under subsection (2).
Historical Note(s): 1985-10-1, effective July 8, 1985 (B.C. Reg. 137/85).
16.4 (1) The court may, on an application on behalf of an infant, make an order granting to the infant
(a) full capacity, or
(b) capacity to enter into a contract or class of contract specified in the order.
(2) The court shall not make an order under subsection (1) unless it is satisfied that it is for the benefit of the infant and that, having regard to the circumstances of the infant, he is not in need of the protection offered by law to infants in matters relating to contracts.
(3) Section 16.2 (1) does not apply to a contract made by an infant in accordance with an order made under subsection (1).
(4) Unless the court otherwise orders, notice in writing of an application under subsection (1) shall be served on the Public Trustee and the guardian of the infant, other than the guardian ad litem, not less than 10 days before the date of the hearing of the application.
Historical Note(s): 1985-10-1, effective July 8, 1985 (B.C. Reg. 137/85).
16.5 (1) The Public Trustee may, on an application on behalf of an infant, make an order granting contractual capacity or ratifying a specific contract that the infant proposes to enter into or has entered into, as the case may be, where the Public Trustee considers that the making of such an order would be in the interest of the infant.
(2) Before making an order under subsection (1), the Public Trustee shall consider
(a) the nature, subject matter and terms of the contract,
(b) the requirements of the infant, having regard to his particular circumstances,
(c) the age and means of the infant, and
(d) the wishes of the parent or guardian of the infant.
(3) Section 16.2 (1) does not apply to a contract made by an infant in accordance with an order made under subsection (1).
(4) No action shall be brought against the Public Trustee arising out of the making of an order under subsection (1).
(5) Where, on an application under subsection (1), the Public Trustee refuses to grant capacity or ratify a contract in respect of which the application was made, an application for review on behalf of the infant may be made to the court, and the court may make any order that the Public Trustee could have made under subsection (1).
Historical Note(s): 1985-10-1, effective July 8, 1985 (B.C. Reg. 137/85).
16.6 A person who enters into a guarantee, an indemnity or who otherwise undertakes to be responsible for the failure of an infant to carry out a contractual obligation is bound by that guarantee, indemnity or undertaking notwithstanding that the contract in respect of which the guarantee, indemnity or undertaking was made is unenforceable as against the infant.
Historical Note(s): 1985-10-1, effective July 8, 1985 (B.C. Reg. 137/85).
16.7 Nothing in this Act
(a) disentitles an infant to any defence that is available to a person of full capacity, or
(b) imposes on an infant, by reason of his minority, any greater liability than that of a person of full capacity.
Historical Note(s): 1985-10-1, effective July 8, 1985 (B.C. Reg. 137/85).
16.8 Nothing in this Act affects the rule of law whereby a person is not liable in tort, if the action in tort
(a) is connected with,
(b) arises out of,
(c) was contemplated by, or
(d) is an indirect means of enforcing
a contract which is unenforceable against the person under section 16.2 (1).
Historical Note(s): 1985-10-1, effective July 8, 1985 (B.C. Reg. 137/85).
16.9 (1) An adult party may, by notice in writing given within one year after an infant with whom he has entered a contract has attained the age of majority, request that person to affirm or repudiate the contract.
(2) Where a person receiving notice under subsection (1) fails, within 60 days, to affirm the contract, he shall be deemed to have repudiated it.
Historical Note(s): 1985-10-1, effective July 8, 1985 (B.C. Reg. 137/85).
16.11 An adult who, at the time he entered a contract, was an infant, shall be deemed to repudiate that contract where
(a) he refuses to perform the contract or a material term of it,
(b) he has made a claim for relief under section 16.3, or
(c) he gives, or makes reasonable efforts to give, oral or written notice of repudiation to another party to the contract
within one year after he attains the age of majority.
Historical Note(s): 1985-10-1, effective July 8, 1985 (B.C. Reg. 137/85).
19.1 The domicile of an infant is,
(a) if the infant usually resides with both parents and the parents have a common domicile, that domicile,
(b) if the infant usually resides with one parent only, that parent's domicile,
(c) if the infant usually resides with a person who is not a parent of the infant and that person has lawful custody of the infant, that person's domicile, or
(d) if the infant's domicile cannot be determined under paragraph (a), (b) or (c), the jurisdiction with which the infant has the closest connection.
Historical Note(s): 1988-42-2.
20. (1) An infant on or in contemplation of his marriage, with the approval of the court, may make a valid and binding settlement or contract for a settlement of all or part of his property of any kind, or property over which he has a power of appointment.
(2) A disposition, including an appointment, of the property or a contract to make a disposition or appointment, executed by the infant, with the approval of the court is, for the purpose of giving effect to the settlement, as valid and effectual as if the person executing the same were of full age.
(3) This section does not extend to a power which is expressly declared not to be exercised by an infant.
Historical Note(s): RS1960-193-5.
21. Where an appointment under a power of appointment is executed under section 20 (2) by an infant, and the infant afterwards dies under age, the appointment becomes void.
Historical Note(s): RS1960-193-6.
22. The approval of the court to any marriage settlement or contract for a settlement may be given, on petition presented by the infant or his guardian, in a summary way. If there is no guardian, the court may require a guardian to be appointed if it thinks fit. The court also may, if it thinks fit, require that any persons interested or appearing to be interested in the property be served with notice of the petition.
Historical Note(s): RS1960-193-7.
23. (1) In all cases where any person, being under the age of 19 years, is or becomes entitled to a lease made or to be made for the life or lives of one or more persons, or for any term of years, it is lawful for the person under the age of 19 years, or for his guardian or other person on his behalf, to apply to the court by petition in a summary way.
(2) By the order of the court the infant, his guardian, or a person appointed in the place of the infant by the court, may by deed surrender the lease and accept, in its place and for the benefit of the person under the age of 19 years, a new lease of the premises comprised in the lease surrendered for the number of lives or for the term of years as provided in the lease surrendered, or otherwise, as the court directs.
Historical Note(s): RS1960-193-9.
24. Money and other consideration paid by a guardian or other person as a fine, premium or income for the renewal of the lease, and all reasonable incidental charges, shall be paid out of the property of the infant for whose benefit the lease is renewed, or shall be a charge on the leasehold premises, together with interest, as the court directs.
Historical Note(s): RS1960-193-10.
25. A renewed lease operates and is liable to the same trusts, charges, encumbrances, dispositions, devices and conditions as the lease surrendered.
Historical Note(s): RS1960-193-11.
26. Where a person under 19 years of age might, under a covenant or agreement, if not under disability, be compelled to renew a lease made or to be made for the life or lives of one or more persons, or for any term of years, the infant or his guardian in the infant's name, by the direction of the court by order made on a summary application of the infant, guardian or any person entitled to the renewal, may accept a surrender of the lease and make a new lease of the same premises, for the number of lives, the term or otherwise as the court directs.
Historical Note(s): RS1960-193-12.
27. (1) Where a person under 19 years of age holds or is entitled to land or to leasehold land for an absolute interest, and it appears to the court to be for the person's benefit that a lease be made of the property for a term of years, to encourage the erection of buildings on the land, to repair buildings on it, to work mines, or otherwise to improve the land, or for farming or other purposes, the infant or his guardian in the infant's name, by the order of the court made on a summary application of the infant or his guardian, may lease the land or a part of it, to the extent of his interest in it, for the term and subject to the rents and covenants the court directs.
(2) In no case shall any fine or premium be taken.
(3) In each case
(a) the best rent that can be obtained, regard being had to the nature of the lease, shall be obtained;
(b) the lease and covenants shall be settled and approved by the court;
(c) one copy of the lease shall be executed by the lessee; and
(d) a copy or copies executed by each party shall be deposited for safe custody in a district registry of the court until the infant attains 19 years of age, with liberty to proper parties to use them, if required, to enforce the covenants in them.
Historical Note(s): RS1960-193-13(1,2,3); 1971-27-2.
28. (1) Where a person who, under a covenant or agreement in writing, if within the jurisdiction and subject to the process of the court, might be compelled to execute a renewal of a lease, is not within the jurisdiction or not amenable to the court's process, the court, by order made on the petition of a person entitled to the renewal, whether or not the person is under disability, may direct a person the court thinks proper to accept a surrender of the subsisting lease, and make a new lease in the name of the person who ought to have renewed it.
(2) The court, in its discretion, in the circumstances, may direct an action be brought to establish the right of the party seeking the renewal before an order for a new lease is made.
(3) The lease so made is as valid as if made by the person named and he had been alive and not under any disability.
Historical Note(s): RS1960-193-14.
29. A renewal lease shall not be made under this Act, under a covenant or agreement, unless the fine, if any, and the things, if any, as ought to be paid or performed by the lessee be first paid and performed.
Historical Note(s): RS1960-193-15.
30. All money received for a lease renewal, after deduction of necessary incidental charges and expenses, shall be paid,
(a) if the renewal is by or for an infant, to his guardian, to be disposed of for the infant's benefit, as the court directs;
(b) if the renewal is made in the name of a person out of or not amenable to the jurisdiction, to the person, in the manner, or into court to the account, to be disposed of as the court directs.
Historical Note(s): RS1960-193-16.
31. (1) A guardian may make a binding agreement for an infant,
(a) where the agreement involves a consideration not greater than $10 000, with the consent of the Public Trustee, or
(b) in cases other than in paragraph (a), with the approval of the court by order made on the petition of a party to the agreement.
(1.1) Subsection (1) does not apply to an agreement to settle a claim by an infant for unliquidated damages.
(2) An agreement to indemnify a person as a result of his making an agreement with another person for an infant is void unless consented to or approved under subsection (1).
(3) Where an agreement to settle a claim by an infant for unliquidated damages is proposed before a proceeding for recovery of the unliquidated damages is commenced and the proposed amount is not greater than $10 000, inclusive of interest and costs,
(a) a guardian, with the consent of the Public Trustee, or
(b) the Public Trustee
may make a binding agreement for the settlement of the claim.
(4) Where an agreement to settle a claim by an infant for unliquidated damages is proposed before a proceeding for recovery of the unliquidated damages is commenced and the proposed amount is greater than $10 000, inclusive of interest and costs,
(a) a guardian of the infant, or
(b) the Public Trustee,
on receipt of a court order granting approval, may make a binding agreement for the settlement of the claim.
(5) An application for approval of the court under subsection (4) shall be made by application of a party to the proposed agreement.
(6) Where an agreement to settle a claim by an infant for unliquidated damages is proposed after a proceeding for recovery of the unliquidated damages is commenced and the proposed amount is not greater than $10 000, inclusive of interest and costs, a guardian ad litem, with the consent of the Public Trustee, may consent to an order awarding damages in favour of the infant.
(7) Where an agreement to settle a claim by an infant for unliquidated damages is proposed after a proceeding for recovery of the unliquidated damages is commenced and the proposed amount is greater than $10 000, inclusive of interest and costs, a guardian ad litem, on receipt of a court order granting approval, may consent to an order awarding damages in favour of the infant.
(8) An application for approval of the court under subsection (7) shall be made
(a) to the court in which the proceeding has been commenced, and
(b) by application of a party to the proceeding.
(9) Before a party, other than the Public Trustee, applies for approval of the court under subsection (4) or (7), the party shall obtain written comments from the Public Trustee with respect to the proposed agreement to settle and shall provide the written comments to the court.
(10) After a proceeding described in subsection (6) or (7) has been commenced, the guardian ad litem, with the consent of the Public Trustee, may consent to an order dismissing all or part of the infant's claim.
(11) Where the Public Trustee makes an agreement or consents to an agreement under this section, the agreement or consent shall be signified by his seal.
(12) [Repealed 1987-59-10, effective April 1, 1988 (B.C. Reg. 125/88).]
Historical Note(s): 1966-45-9; 1967-49-7; 1968-53-11; 1971-27-3,4; 1978-11-7; 1987-42-47; 1987-59-10, effective April 1, 1988 (B.C. Reg. 125/88).
31.1 (1) Section 31 does not apply to any agreement or settlement referred to in section 20, or to a lease, surrender or renewal of a lease referred to in sections 23 to 30.
(2) Section 16.2 does not apply to an agreement entered into in accordance with section 31.
Historical Note(s): 1987-42-48.
32. Where under section 31 the Public Trustee refuses to give his consent, or unreasonably delays providing his written comments under section 31 (9), a party may on 10 days' notice in writing to the Public Trustee apply to the court for approval of the proposed agreement or order, and the court may direct the Public Trustee to state his reasons for the refusal or delay.
Historical Note(s): 1987-42-49.
33. Money paid into court under an agreement approved by a court or consented to or approved by the Public Trustee and any income from it shall be paid out of court to the infant, when he attains 19 years of age, promptly on proof of age and identity satisfactory to the district registrar in the registry office where the money was paid in.
Historical Note(s): 1966-45-9; 1987-42-50.
34. Every surrender and lease, agreement, receipt or disposition granted, accepted or made under this Act is as valid as if the person by whom, or in whose place, or on whose behalf it is granted, accepted or made, had been of full age, and had granted, accepted or made it.
Historical Note(s): RS1960-193-18,19(2); 1966-45-9.
35. (1) The court, by order made on petition of an infant's guardian, or if there is no guardian, by order made in any proceeding in the court, may direct all or part of the dividends due or to become due on stock, or any money substituted by an enactment for stock, to which an infant is beneficially entitled, to be paid to a guardian of the infant or to any other person in the court's discretion, for the maintenance and education or otherwise for the benefit of the infant, the guardian or other person to whom the payment is directed to be made being named in the order.
(2) In this section "stock" includes any share, fund, annuity or security transferable in books kept by any company or society, and money payable for the discharge or redemption of the security or an interest in it.
Historical Note(s): RS1960-193-19.
36. The court may order the costs and expenses of a petition, order, direction or transfer under this Act be paid and raised out of the land, stock, rents or dividends about which the proceeding is made, in the manner the court thinks proper.
Historical Note(s): RS1960-193-20.
37. Where any property is, by any marriage or other settlement, limited in remainder in trust for the first or other son or a daughter of a named person, with any remainder over to any other person, the person's son or daughter born after the death of his or her father may take the property so limited to the first or other son, or to the daughter, in the same manner as if born in the lifetime of his or her father.
Historical Note(s): RS1960-193-21.
38. (1) Where a proceeding is against an infant, whether resident in the Province or not, service of the originating process shall be made by serving it on a parent or guardian resident in the Province.
(2) From the time of service the person served is guardian, for the proceeding, of the infant and shall promptly attend to the infant's interests and do the things necessary to protect his interests.
Historical Note(s): 1976-33-91.
39. (1) The court in which the proceeding is brought may direct that the Public Trustee be served with a copy of all documents relevant to the proceeding, and in any case an application for leave to take a step in default against an infant must be served on the Public Trustee.
(2) The Public Trustee may appear and be heard at the proceeding and he may be awarded the costs the court considers appropriate.
Historical Note(s): 1976-33-91.
40. (1) A parent may appoint, by deed if under age, otherwise by deed or will, a guardian to act in his or her place on his or her death as guardian of an infant child under 19 years.
(2) Where either parent dies, the surviving parent may by will transfer part or all of his or her rights and duties to custody, control and management of their infant child's property, but not the infant's services and earnings, to a suitable person.
Historical Note(s): RS1960-130-6,10.
[Editorial Note(s): see also Family Relations Act.]
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