VIII Fathers may dispose of the custody of children during their minority. Except Popish Recusants. Actions of Ravishment of Ward for Guardians.E+W
[F1And where any person hath or shall have any Child or Children under the age of [F2eighteen years] and not married at the time of his death that it shall and may be lawfull to and for the Father of such child or children, [X1whether borne at the time of the decease of the Father or at that time in ventre sa mere, or whether such Father be within the age] of [F2eighteen years] or of full age by his deed executed in his life time, or by his last Will and Testament in writeing in the presence of two or more credible witnesses in such manner and from time to time as he shall respectively thinke fitt to dispose of the custody and tuition of such child or children for and dureing such time as he or they shall respectively remaine under the age of twenty one yeares or any lesser time to any person or persons in possession or remainder other than Popish Recusants, And that such disposition of the custodie of such childe or children made since the twenty fourth of February One thousand six hundred forty five or hereafter to be made shall be good and effectuall against all and every person or persons claiming the custody or tuition of such childe or children as Guardian in soccage or otherwise; And that such person or persons to whom the custodie of such childe or children hath beene or shall be soe disposed or devised as aforesaid shall and may maintaine an action of Ravishment of Ward or trespasse against any person or persons which shall wrongfully take away or detaine such childe or children for the Recovery of such childe or children and shall and may recover damages for the same in the said Action for the use and benefit of such childe or children.]
Editorial Information
X1annexed to the Original Act in a separate Schedule
Textual Amendments
F1S. 8 repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. III but reproduced for the purpose of construing the remaining provisions of the Act
F2Words substituted by Family Law Reform Act 1969 (c. 46), s. 1(3), Sch. 1 Pt. I