Superior Court Rules

ORDER 65

MINORS

1. Proceedings to make a minor a ward of court shall be commenced by originating summons in the Form No 19 in Appendix K, which shall be issued out of the Office of Wards of Court, and be impressed with the seal of the High Court (Wards of Court).

2. Every such summons shall be returnable on such day as the Registrar of Wards of Court shall fix, and shall be served on such persons (if any) not less than six days before the return day (exclusive of the day of service) and in such manner as the said Registrar shall direct; but the court may direct such other persons to be served as it may think fit.

3. There shall be in the Office of Wards of Court a book, to be called a Cause Book, in which all such proceedings shall be entered. Every summons shall be distinguished by the date of the year and a number in consecutive order commencing on the first day of January in each year, and the said date and number shall constitute the record number of the proceeding.

4. The affidavit grounding the summons shall state the following matters:

(a) the sex, age, condition of health, position in life, and religion of the minor;

(b) where and under whose care the minor is residing;

(c) the nature and amount of the minor’s fortune and income, and particulars of any incumbrances affecting the same;

(d) what near relations the minor has, and the residences and descriptions of such relations;

(e) whether the minor has any testamentary guardian, and if so, whether he is willing to act under the court;

(f) who is the person proposed as guardian of the minor, with full particulars of all matters relevant to his fitness and qualifications and willingness to act;

(g) full particulars of the proposals in relation to the care and maintenance, residence, education and holidays of the minor;

(h) what directions are expedient in relation to the property of the minor;

(i) whether any proceeding is pending relating to any property in which the minor has any interest, and full particulars of such proceedings.

5. The affidavit grounding the summons may be entitled in the matter of an intended application, and may be sworn notwithstanding that the summons has not been issued.

6. All affidavits in minor matters shall be filed in the Office of Wards of Court, and notice of filing shall be given to the parties concerned, who shall be entitled to bespeak copies thereof.

7. Upon attaining full age the former minor shall apply for an order for discharge from wardship and for an inquiry as to the funds in court or other property to which he is entitled and for a further inquiry as to the demands, if any, against the said property for costs, maintenance or otherwise.

8. Every order in proceedings to which this Order applies shall be issued out of the Office of Wards of Court.

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