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the effect of the law, but she is not compelled to accept it.
ART. 285.- In case the minor has no ascendant in the direct line, the legal tutorship shall be given to the nearest of kin in the collateral line, who comes immediately after the presumptive heir or heirs of the minor.
And if there are two or more relations in the same degree after the presumptive heir or heirs of the minor, the judge shall appoint one of them by and with the advice of the meeting of the family.
ART. 286.-The relation even in the fourth degree inclusively, who refuses to take charge of the tutorship, is responsible to the minor for all losses and damages which may result therefrom.
ART. 287.--Under the name relation are not included connections by affinity.
Of Dative Tutorship. ART. 288.—When a minor is an orphan, and has 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, is liable to be excluded according to the rules hereafter established, or is excluded legally, in such cases the judge shall appoint a tutor to the minor, by and with the advice of the meeting of the family.
Art. 289.–The appointment or confirmation of tutors must be made by the judge of the parish where the minor has his domicil, if he has a domicil in the State, or if he has no domicil in the State, by the judge of the parish where the principal estate of the minor is situated, saving to the parties the right of an appeal within thirty days from the judgment decreeing the nomination or confirmation, after which delay no appeal shall be admitted.
ART. 290.-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 such judge, in order that a tutor be appointed to the minor at farthest within ten days after the event which makes such appointment necessary. · ART. 291.–Minor relations and women who are excluded from the tutorship, are not included in the provisions contained in the preceding article.
ART 292.-Relations who have neglected to cause a lutor to be appointed, are responsible for the damages which the minor may have suffered.
This responsibility is enforced 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 293.-The action which results from this responsibilily 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. 294.-Whenever a circumstance occurs, which makes the appointment of a tutor necessary, information thereof to the competent judge may be given by any one.
ART. 295.-When the minor is without a tutor, any person who has a claim against him, may apply to the competent judge to request that a tutor ad hoc be appointed to him, which tutor shall not be bound to give any security, but shall take an oath before the court who has appointed him, to defend the interests of the minor according to the best of his knowledge,
ART. 296. — The judge can appoint a tutor to a foundling or a child abandoned, giving the preference always to the person protecting it.
ART. 297.—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. 298.-If the tutor shall die or absent himself from the State after his appointment, another tutor shall be appointed in his stead by the judge, in the form before prescribed
ART. 299.- 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.
Of the Under Tutor. ART. 300.-In every tutorship, there shall be an under tutor, whom it shall be the dutyof the judge to appoint at the time the letters of tutorship are certified for the tutor.
ART. 301. — It is the duty of the under tutor to act for the minor, whenever the interest of the minor is in opposition to the interest of the tutor.
ART. 302. — The under tutor cannot be a member of family meetings, but he must be present for the purpose of advising, and when he is of opinion that the determination of the meeting is injurious to the interest of the minor, it is his duty to oppose the homologation of the proceedings.
ART. 303. — 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 such appointment to be made. .
ART. 304. - The duties of the under tutor are at an end at the same time with the tutorship.
Of Family Meetings.
ART. 305.– Family meetings, in all cases in which they are required by law, for the interest of miyors or of other persons, must be composed of at least five relations, or in default of relations, friends of him on whose inlerests they are called upon to deliberate.
These relations or friends must be selected from among those domiciliated in the parish in which the meeting is held.
ART. 306. — The relations shall be selected according to their proximity beginning with the nearest.
The relation shall be preferred to the connection of the same degree, and among relations of the same degree, the eldest shall be preferred.
ART. 307.- The appointment of the members of the family meeting, shall be made by the judge.
ART. 308. – The family meeting shall be held before a justice of the peace or notary public appointed by the judge for the purpose. It shall be called for a fixed day and hour, by citations delivered at least three days before the day appointed for the meeting. .
ART. 309. — The members of the family meeting, before commencing their deliberations, shall take an oath before the officer before whom the meeting is held, to give their advice according to the best of their knowledge, touching the interests of the person on which they are called upon to deliberate.
ART. 310.- Whenever the officer, before whom the family meeting is to be held, shall think proper to adjourn
it in consequence of the absence of a member, or to prorogue it for want of time to terminate the business in one day, he can order the adjournment or prorogation.
ART. 311. - The officer before whom the family meeting is held, must make a particular process verbal of the deliberations, cause the members of the family to sign it, if they know how to sign, sign it himself, and deliver a copy to the parties that they may have it homologated.
Of the Causes which dispense or excuse from the
Tutorship. ART. 312. - The following persons are dispensed or excused from the tutorship by the privilege of their offices or functions:
1. The governor and the secretary of State;
2. The judges of the different courts of this Stale and the officers of the same;
3. The mayor of the city of New-Orleans ; 4. The collector of the customs;
5. The officers and soldiers attached to the regular troops, whether on land or sea service, employed and in actual service in this State, and all the other officers who are entrusted in this Stale with any mission from the government, as long as they are employed;
6. Preceptors and other persons keeping public schools, as long as they remain in the useful and actual exercise of their profession;
7. Ministers of the gospel.
ART, 313.–The persons mentioned in the preceding article, who have accepted a tulorship 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.