JUDGMENT

Jackson, J. - In order to come to a clear and correct understanding of what the legislature intended in passing Act XL of 1858, it is necessary to refer to previous legislation on the subject.

2. By Reg. X of 1793, which contained a body of rules for the guidance of the Board of Revenue as a Court of Wards, provision was made for the appointment, or confirmation, as the case might be (Section 21), of the guardians to landholders disqualified by minority or otherwise. The office of guardian was to be distinct from that of manager, but both offices might be united in the same person (Section 6).

3. Reg. V of 1799, dealing with the case of persons subject to the jurisdiction of the. Zilla Courts, who died leaving heirs under age or incompetent, but not under the superintendence of the Court of Wards, declared that the guardian or nearest-of-kin, designated either by special appointment or by the law of the country as authorized to act for such heir, should not be obliged to apply to the Courts of Justice for permission to take charge of the estate; and (Section 3) also, prohibited or restricted the Courts from interference in such cases, except upon regular complaint (i.e., by s