89 Duties and liabilities of tutors and curators after confirmation (1) When letters of confirmation have been granted to any tutor, either testamentary or dative, or to any curator, either nominate or dative, every such tutor shall, in all respects and for all intents and purposes, and every such curator shall, in so far as relates to the particular estate or property which has been placed under his guardianship, have every power, right and privilege, and shall do and cause to be done, every act, matter and thing touching and concerning the making of an inventory, administration and management of the estate or property under his guardianship, and every such tutor or curator and his estate shall, in respect and by reason of every act, matter or thing done or omitted to be done by him, incur and be subject to every liability, obligation and penalty which by any law in force prior to the 5th July, 1907, any tutor testamentary would then respectively have had or have been directed or required to do, and which he and his estate would then in respect and by reason of any such act, matter or thing done or omitted to be done by him, have incurred or been subject to. (2) Nothing in this section contained shall give any curator, either nominate or dative, any power or authority as to the maintenance, education or custody of the person of any minor, except in so far as the same may have been specially given and committed to him by the decree or order of the High Court or any judge thereof. (3) Every tutor testamentary and curator nominate shall, in the discharge of their office and in the administration of the estate and property respectively under their guardianship, conform to and obey every lawful direction touching and concerning the same which has been given by the person by whom such tutor or curator has been appointed in the will or deed by which such appointment was made or in any other writing duly executed by such person. 90 Prohibition of re-marriage of surviving parent until minors’ shares have been secured (1) Whenever any person who is a widower or widow and the parent of a minor child entitled to claim from such person any inheritance from the estate of such person’s deceased spouse, intends to marry again, such person shall, whether the marriage is by special licence or after publication of banns, obtain a certificate from and under the hand of the Master to the following effect— (a) if the estate of the deceased spouse or the joint estate of the deceased spouse and the surviving parent is of the value of two hundred dollars and upwards, a certificate that the amount of inheritance due to such minor child aforesaid from and out of the estate aforesaid has been paid into the Guardian’s Fund or otherwise secured; (b) if any such estate is in value under two hundred dollars, a certificate stating such fact. (2) Every such certificate shall be delivered to the marriage officer or minister of religion before whom such marriage is intended to be solemnized. (3) Any such person as is mentioned in subsection (1) who marries again without obtaining such certificate as is required by such subsection shall forfeit, at the instance of the Master or of such child aforesaid when he or she attains the age of eighteen years, a sum equal to one-fourth of such person’s share in the joint estate of such person and the deceased spouse aforesaid for the benefit of any such child, and shall, in addition, be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. ]Subsection amended by section 4 of Act 22 of 2001.] (4) Any marriage officer or minister of religion who solemnizes any such marriage as is in this section mentioned, unless there has been first delivered to him a certificate as therein mentioned, shall, in addition to any other liability, be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment. [Subsection amended by section 4 of Act 22 of 2001.] 91 Prohibition of alienation of immovable property by tutor or curator No tutor, either testamentary or dative, and no curator, either nominate or dative, or curator bonis shall sell, alienate or mortgage any immovable property belonging to any minor or forming part of any estate under the guardianship of such tutor or curator, unless the High Court or any judge thereof has authorized such sale, alienation or mortgage or unless the person by whom any such tutor testamentary or curator nominate has been appointed has directed such sale, alienation or mortgage to be made. [Section amended by section 4 of Act 12 of 1997.] 92 Payment of moneys to Master (1) Every tutor dative and every curator dative or curator bonis shall forthwith pay over to the Master all moneys belonging to the person or estate under his guardianship so soon as the same are received by or come into the possession of such tutor or curator except in so far as the same may be required for the instant payment of debts due by such estate or for the immediate maintenance of such person. (2) If any such tutor or curator, without any lawful and sufficient excuse, retains and fails to pay over to the Master any such moneys as it is in subsection (1) directed shall be paid over to the Master, every such tutor or curator shall be liable to pay to and for the benefit of the person or estate to whom or which such money belongs