ART. 314.-Those, on the contrary, who shall have been invested with offices, who shall have engaged in the service, or shall have been entrusted with commis-, sions, posterior to their acceptation and administration of a tutorship, may, if they do not chose to continue to act as tutor, be excused from the tutorship, and apply for the appointment of another tutor to supply their place.

ART. 315.- No person who is neither a relation nor a connexion by affinity of the minor, or who is not related or connected with him beyond the fourth degree, can be compelled to accept the tutorship.

ART. 316. Every person who has attained the age of sixty five 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 seventy years.

ART. 317.-Every person affected with a serious infirmity, may be excused from the tutorship, if this infirmity be of such 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. 318.-The person who is appointed to two tutorships, has a legal excuse for not 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. 319. The tutor, who has excuses to offer against his appointment, must 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 period shall be increased one day for every four leagues distance from his residence to the place where his appointment was

made, and after this delay he shall no longer be admitted less he has sufficient reason to ac

to offer any excuse, count for such delay.

ART. 320.-During the time of the pendency of the litigation relative to the validity of his excuses, the tutor who is appointed shall be bound provisionally to administer as such, until he shall have been regularly discharged.

ART. 321. The causes herein expressed, or any other, cannot excuse the father from the obligation of accepting the tutorship of his children.

SECTION IX.

Of the Incapacity for, the Exclusion from, and
Deprivation of the Tutorship.

ART. 322. 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. Those whose infirmities prevent them from managing their own affairs;

6. Those whom the penal law declares incapable of holding a civil office;

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, or part of his fortune, may depend;

8. Those who are debtors to the minor, unless they discharge the debt, prior to their appointment.

ART. 323.-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;

2. Those whose management shall manifest either incapacity or dishonesty ;

3. Those who shall have neglected to cause inventory to be made of the minor's property, within the time prescribed by law.

ART. 324. The tutor who becomes insolvent after his appointment, is to be removed from the tutorship. ART. 325. All the causes of incapacity, exclusion and removal, mentioned above, apply likewise to the undertutor.

ART. 326.

No cause of exclusion or removal is applicable to the father, except that of unfaithfulness of his administration, and of notoriously bad conduct.

SECTION X.

Of the Administration of the Tutor. ART. 327.

The tutor shall have the care of the person of the minor, and shall represent him in all civil

acts.

He shall administer his estate as a prudent administrator would do, and shall be responsible for all damages resulting from a bad administration.

He cannot either personally, or by means of a third person, purchase, lease or hire the property of the minor, or accept the assignment of any right or claim against his ward. ART. 328. Both the tutor and the undertutor shall, prior to their entering upon the exercise of their duties, take an oath before the judge, that they will well and faithfully fulfil their trust.

ART. 329. -It is the duty of the tutor to cause a true and faitful inventory to be made of the moveable and immoveable property, credits, deeds and papers belonging to the minor, and to cause the said property to be valued by two appraisers, appointed by the judge and duly

sworn.

This inventory shall be begun at farthest within ten days after the appointment of the tutor, by the judge himself, or by any notary public authorised to that effect by him.

ART. 330. Every tutor, except the father and mother shall give to the judge, who either appointed or confirmed him, good and sufficient security for the fidelity of his administration.

This security must be in amount equal to the amount of the credits, money and other moveable effects stated in the inventory, and such other sum as the judge shall deem sufficient to cover any loss or damage, which the tutor may occasion to the minor by his bad administration.

This security may be increased or diminished on the demand of the undertutor or any relation of the minor, as the disposable funds of the estate may increase or diminish.

ART. 331.

The tutor may be exempted from furnishing this security, if he prove that he possesses, within the State, real property unincumbered with mortgages or other liens, of the value of double the sum fixed for the security, or if he give a special mortgage on immoveable unincumbered property, equal in value to the security required.

ART. 332. The letters of tutorship shall not be delivered to the tutor, until he shall have furnished security of one of the kinds before described.

Until they shall have been delivered to him, he shall not interfere with the administration of the property of the minor, except for the purpose of preserving it, in cases which admit of no delay.

ART. 333. Within a month after the closing of the inventory, the tutor must cause the moveable effects of the minor to be sold, unless he be authorised by the judge to preserve them in kind, in whole or in part, in

consequence of the time approaching for the emancipation of the minor, or for any other sufficient reason; in which case the tutor shall return to the minor the estimated value of those moveables, which he cannot restore in kind, or which he has suffered to deteriorate through want of care.

ART. 334. The immoveables and slaves of the minor cannot be alienated nor mortgaged, unless on the representation of the tutor, that it is for the interest of the minor that these objects or a part of them should be sold or mortgaged, a meeting of the family duly assembled shall declare that the sale or mortgage is of absolute necessity, or of evident advantage to the minor.

ART. 335. In case the meeting of the family shall consider the sale or mortgage to be advantageous to the minor, it shall set forth the reasons of its determination, in order that the judge may decide whether he ought to cause it to be homologated or not, and shall also fix the terms of credit on which the property shall be sold, and the other conditions of the sale, if the case requires it.

ART. 336.-The sale of the property of the minor shall be authorised by the judge, and made at public auction, after having been duly advertised in English and French, during ten days for moveables, and thirty days for immoveables and slaves, either by papers posted up at the usual places, if the sale is made out of the parish of New-Orleans, or by advertisements inserted in at least two of the news-papers which are printed in the city of New-Orleans, if the sale is made within the limits of that parish.

In those parishes in which a news-paper is published, the sale must be advertised in the news-papers, besides the publication by papers posted up, as herein prescribed.

ART. 337.-The minor's properly cannot be sold for less than the amount of its appraised value mentioned in