CHAP. IV. OF THE FORMS BY WHICH A POWER OF ACTING FOR MINORS, OR THOSE INCAPABLE OF ACTING FOR THEMSELVES, IS CONFERRED. IN this Chapter I mean to give examples, not merely of the nomination of tutors and curators, legal and voluntary, and of the manner of appointing a curator bonis, but to give those forms also by which a guardian is appointed to an idiot or fatuous person, and by which the office of interdictor is constituted; thus bringing into one view the forms by which our law extends its protection to those incapable of acting for themselves. The connexion evident. in the whole of this class of deeds, will plead my apology for introducing those which cannot so properly be considered as connected with ⚫ deeds of settlement and succession. SECT. I. OF THE CONSTITUTION OF THE OFFICES OF TUTORY AND CURATORY, AND OF THEIR EXTINCTION. THIS Section embraces a large proportion of the deeds of this Chapter, as it includes the constitution of the offices of tutory and curatory, whether voluntarily or legally constituted-The actings of the tutor and curator -The actions arising out of the connexion betwixt the tutor and minor-and the termination of the office by its discharge. I. OF THE CONSTITUTION OF THE OFFICE. The office of tutory may be constituted either by nomination, or by the judgement of a court on the claim of the tutor at law, or by the appointment of his Majesty. The office of curatory, if not constituted by the nomination of the father, can proceed only from the act of the minor himself. I proceed to point out the different forms by which these offices are constituted. VOL. III. 1. Nomination of Tutors by a Parent, or by the Person from whom the Estate flows. In laying before the reader the forms of nomination to the offices of tutory and curatory, I shall begin with those by parents; and, proceeding from the mere nomination of a tutor, give examples of more enlarged powers, which are sometimes conferred on tutors or curators. Nomination of Tutors and Curators by a Father. I, A, do hereby NOMINATE and APPOINT B, C, and D, and the survivors or survivor, acceptors or acceptor of them, to be tutors and curators to E, F, G, and H, 'my children, or to such of them as may be minors at the time of my death, and to such other children of mine as may hereafter exist, WITH POWER to the said tutors and curators, and the acceptor or survivor, to APPOINT factors for managing the affairs of my said children, with suitable salaries, and generally with power to do every other act and deed, in the management of the affairs of my said children, competent to tutors and curators by the law of Scotland; WITH THIS PRIVILEGE ALWAYS, that, in terms of the act of Parliament, they shall be accountable for their actual intromissions only, and not jointly for one another; and that they shall not be liable for omissions, nor bound to do diligence. AND I CON SENT to the REGISTRATION hereof in the books of Council and Session, or other Judges' books competent, therein to remain for preservation ; AND for that purpose CONSTITUTE my procurators, &c. In witness whereof, &c. 2. Nomination of Tutors and Curators, in which there is a quorum appointed, and one of the Tutors invested with the right of a sine quo non, and a power given to sell and dispose of the estate of the Pupils. I, A, for securing my property to my children, in case of my death during their minority, do hereby NOMINATE and APPOINT Messrs B, C, D, E, F, and G, to be tutors and curators to H, I, and K, my children, during their respective pupillarities and minorities, any three of the said persons being a quorum, the said B, while in life, being always sine quo non; WITH FULL POWER to the said tutors and curators, or their said quorum, to take care (during the respective puplliarities and minorities of my said children) of their persons and education, and to put them to such employments as my said tutors or curators, or their quorum, shall approve of; wITH POWER likewise to them to manage, intromit with, uplift, and re-employ, the provisions of my said children, and to grant receipts and discharges therefore; WITH POWER also to them, or their said quorum, NOT ONLY to sell and dispose of my household furniture, and ; all others my moveables of whatever denomination, BUT ALSO TO SELL and DISPOSE of any heritable property I may die possessed of: And I hereby empower and authorise them to grant assignations, conveyances, or other rights and securities of the same which I declare to be valid to the receivers and which sales I hereby bind and oblige my heirs and successors to warrant to the purchasers at all hands, and against all deadly, as law will; AND I FURTHER DECLARE, that the purchaser or purchasers shall have no concern in the application of the price, but shall be completely exonered and discharged thereof by the discharge of the ssid tutors or curators, or their said quorum; WITH POWER ALSO to the said tutors or curators, or their quorum, to do every other act and deed in the management of the affairs of my said children, which by law is competent to the offices of tutory or curatory: And for the encouragement of the said tutors and curators to accept of the said offices, I hereby DECLARE, hereby DECLARE, that they shall not be liable for omissions, nor in diligence, nor singuli in solidum, but each only for his own actual intromissions. AND I CONSENT to the REGISTRATION. hereof, &c. (for preservation.) 3. Nomination of Tutors and Curators by a Nobleman, with a Quorum, and a Dissolution of the Nomination in case of there being only one Tutor remaining; and Power given to name |