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Father within, or of full age may by deed or will in writing, in presence of 2 or more witnesses, dispose of custody of children, under 21 and not married, whether born or in ventre sa mere, till twenty one or lesser time, in possession or remainder,
except to persons not of communion of Church of England, which effectual against person claiming as guardian in sorage or otherwise.
Ravishment of Ward or Trespass may be maintained, and damages recovered for use of such child.
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VI. And be it further enacted by the authority aforesaid, That where any person or persons hath, or shall have, any child or children, under the age of twenty one years, and not married at the time of his death, that it shall and may be lawful to and for the father of such child or children, whether born 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 one and twenty years, or of full age, by his deed executed in his life time, or by his last will and testament in writing, in the presence of two or more credible witnesses, in such manner, and from time to time, as he shall respectively think fit, to dispose of the custody and tuition of such child or children, for and during such time as he or they shall respectively remain under the age of twenty one years, or any lesser time, to any person or persons in possession or remainder, other than persons not of the communion of the church of England, as aforesaid; and that such disposition of the custody of such child or children, made since the three and twentieth day of October one thousand six hundred forty one, or hereafter to be made, shall be good and effectual against all and every person and persons claiming the custody and tuition of such child or children as guardian in soccage, or otherwise; and that such person or persons, to whom the custody of such child or children hath been or shall be so disposed or devised as aforesaid, shall and may maintain an action of ravishment of ward or trespass against any person or persons which shall be wrongfully take away or detain such child, for the recovery of such child or children, and shall and may recover damages for the same in the said action, for the use and benefit of such child or children.
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