Table of Contents

SECTION V - OF DATIVE TUTORSHIP

Art. 20. When a minor shall be an orphan and shall have no tutor appointed by his father or mother, nor any relations who may claim the tutorship by the effect of the law, or when the tutor appointed in some of the modes above expressed, shall be liable to be excluded according to the rules hereafter established, or shall be excused legally, and then in such cases, the judge shall appoint a tutor to said minor by and with the advice of the meeting of the family.

Art. 21. In such a case and indeed in every case when it is prescribed and necessary that a meeting of the family shall be called, such meeting shall consist of at least five of the relations, or if there be no relations, of the friends of the minor, called by order of the judge who is to appoint the tutor, in the office of any notary or justice of the peace residing in the place, which said notary or justice of the peace shall put their deliberation in writing and cause it to be signed by such of the attending relations or friends as know how the sign and shall also sign it himself.

Art. 22. The appointment or confirmation of tutors ought to be made by the judge of the parish where the minor has his domicil, if he has a domicil in the territory, or if he has no domicil in the territory, by the judge of the parish where the principal estate of the minor is situated, saving the parties the right of an appeal to the superior court, within thirty days from the judgment decreeing nomination or confirmation, after which delay no appeal shall be admitted.

Art. 23. In every case where it is necessary to appoint a tutor to a minor, all those of his relations who reside within the parish of the judge who is to appoint him, are bound to apply to said judge, in order that a tutor be appointed to said minor, at farthest within ten days after the event which makes such appointment necessary.

Art. 24. Minor relations and women who are excluded from the tutorship, are not included in the provisions contained in the preceding article.

Art. 25. Relations who have neglected to cause a tutor to be appointed, are responsible for the damages which the minor may have suffered.
This responsibility is inforced against relations in the order according to which they are called to the inheritance of the minor, so that they are responsible only in case of the insolvency of him or them who precede them in that order, and this responsibility is not in solidum between relations who have a right to the inheritance in the same degree.

Art. 26. The action which results from this responsibility, cannot be maintained by the tutor, but within the year of his appointment.
If the tutor neglects to bring his action within that time, he is answerable for such neglect to the minor.

Art. 27. Every person has a right to give information to the judge whose business it is to take notice of it, of the fact which makes it necessary that a tutor should be appointed.

Art. 28. When a minor is without a tutor, every person who has a claim against him, may apply to the competent judge, to request that a tutor be appointed to him.

Art. 29. The tutor administers and acts as  such from the day of his appointment, if such appointment took place when he was present, otherwise from the day on which notice was given to him.

Art. 30. If the tutor shall die or absent himself from the territory after his appointment, another tutor shall be appointed in his stead by the judge in the form before prescribed.

Art. 31. Tutorship is a personal trust which does not descend to the heirs of the tutor.- Nevertheless, if the heirs of the tutor be of full age, they are answerable for the administration, and are responsible for the same until another tutor or curator shall have been appointed.

 

SECTION VI - OF THE UNDER TUTOR

Art. 32. In every tutorship there shall be an under tutor appointed by the judge.

Art. 33. It is the duty of the under tutor to act for the minor whenever the interest of the minor is in opposition with the interest of the tutor.

Art. 34. The tutorship does not devolve on the under tutor, when it is vacant.
But when it becomes necessary to appoint another tutor, it is the duty of the under tutor, under his responsibility to cause said appointment to be made.

Art. 35. The duties of the under tutor are at an end at the same time with the tutorship.




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