Table of Contents

SECTION VIII - OF THE CAUSES WHICH DISPENSE OR EXCUSE FROM THE TUTORSHIP

Art. 36. The following persons are dispensed or excused from the tutorship by the privilege of their offices or functions.
1st, The governor and secretary of the government.
2d, The judges of the different courts of this territory and the officers of the same.
3d, The major of the city of New-Orleans.
4th, The collector of the customs.
5th, The officers and soldiers attached to the regular troops, whether on land or sea service employed and in actual service in this territory, and all the other officers who are entrusted in this territory, with any mission from the government, as long as they are employed.
6th, Preceptors and other persons keeping public schools, as long as they remain in the useful and actual exercise of their profession.
7th, Ministers of the gospel.

Art. 37. The persons mentioned in the preceding article, who have accepted a tutorship posterior to their being invested with the offices, engaged in the service, or entrusted with the mission which dispense from it, shall not be admitted to be excused on that account.

Art. 38. Those on the contrary, who shall have been invested with offices, who shall have engaged in the service, or shall have been entrusted with commissions posterior to their acceptation and administration of a tutorship, may if they do not choose to continue to act as tutor, be excused from the tutorship and apply for the appointment of another tutor to supply their place.

Art. 39. No person who is neither a relation nor a connection of the minor, can be compelled to accept the tutorship, except in cases where there shall not be in the territory either relations or connections able to manage the said tutorship.

Art. 40. Every person who has attained the full age of sixty years may refuse to be a tutor.
The person who shall have been appointed prior to that age, may be excused from the tutorship at the age of sixty five years.

Art. 41. Every person affected with a serious infirmity may be excused from the tutorship, if this infirmity be of such a nature as to render him incapable of transacting his own business, he may even be discharged from the tutorship, if such infirmity has befallen him after his appointment.

Art. 42. The person who is appointed to two tutorships is justly dispensed from accepting a third.
He who being a husband or a father shall have already been appointed to one tutorship, shall not be compelled to accept a second tutorship, except it be that of his own children.

Art. 43. Those who have five legitimate children are excused from any other tutorship but that of their own children.
Children who died in actual service in either the land or sea armies of the United States of America, shall always be reckoned so as to operate this dispensation.
Other children who are dead, shall not be reckoned, except where they shall have left children then living.

Art. 44. The birth of children during tutorship, shall not authorise the tutor to abdicate the same.

Art. 45. The tutor who has excuses to offer against his appointment, shall propose them to the judge who has appointed him, within ten days after he has been acquainted with his appointment, or after the same shall have been notified to him, which delay shall be encreased one day for every four leagues distance from his residence to the place where he has been appointed, and after this delay he shall no longer be admitted to offer excuces, unless he has sufficient reason to justify himself for such delay.

Art. 46. During the time of the contest for the admissibility of his excuses, the appointed tutor shall be bound to administer provisionally as such until he shall have been regularly discharged.

 

SECTION VIII - OF INCAPACITY FOR, EXCLUSION FROM AND DEPRIVATION OF THE TUTORSHIP

Art. 47. The following persons cannot be tutors, to wit:
1.  Slaves.
2.  Minors except the father and mother;
3.  Women except the mother and grand mother;
4.  Idiots and lunatics;
5.  The blind, deaf or dumb;
6.  Those whom the law declares infamous;
7.  Those who are themselves, or whose father or mother are parties to a law suit on the result of which the condition of the minor, his fortune or a considerable part of the estate may depend.
8.  Those who owe the minor considerable sums of money, unless they shall discharge the debt prior to their appointment.

Art. 48. The following persons are excluded from the tutorship and are even liable to be removed from it, if in the actual exercise of it.
1.  Persons of a conduct notoriously bad and of depraved morals;
And 2.  Those whose management shall manifest either incapacity or dishonesty.

Art. 49. The tutor who becomes insolvent after his appointment is to be removed from the tutorship.

Art. 50. All the causes of incapacity, exclusion and removal mentioned above apply likewise to the under tutor.




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