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the inventory, and if there is no offer to that amount, it shall be again offered for sale at public auction, with the same formalities which are above directed, until the price of its appraisement may be obtained, reserving to the judge, with the advice of the meeting of the family, the power of extending the terms of credit granted, and of giving such other facilities as may procure a prompt and advantageous sale of the property, and of ordering other appraisement or appraisements, in case he shall be satisfied that the sale cannot be effected at the rate of appraisement already made.
ART. 338.-Whenever the father or mother of a minor has property in common with him, they each can cause it to be adjudicated to them, either in whole or in part, at the price of an estimation made by experts appointed and sworn by the judge, after a family meeting, duly assembled, shall have declared, that the adjudication is for the interest of the minor, and the under tutor shall have given his consent thereto; and in this case the properly so adjudicated, shall remain specially mortgaged for the security of the payment of the price of the adjudication and the interest thereof.
ART. 339.-The prohibition of alienating the immoveables and slaves of a minor does not extend to the case in which a judgment is to be executed against him, or of a licitation made at the instance of a co-heir, or other co-proprietor.
ART. 340.-If, among the property of the minor, there be any which it may be necessary to work as a plantation or a manufactory, the tutor shall not be bound to administer them, or to cause them to be administered, but he shall be permitled to let them for an annual rent proportioned to their value.
The adjudication of the lease must be made al public auction.
ART. 341.--The tutor shall be bound to invest, in the name of the minor, the revenues which exceed the expenses of his ward, whenever they amount to five hundred dollars. In default thereof, he shall be bound to pay on such excess the highest conventional interest allowed by law.
The investment of the funds of the minor must be made by public act, and secured by mortgage.
ART. 342.-The tutor may retain as a commission for his care and labour, ten per cent on the annnal amount of the revenues of the property committed to his charge.
ART. 343.-The expenses for the support and education of the minor ought to be so regulated, that nothing decent or necessary shall be wanting to him, according to his condition and his fortune. They ought never to exceed his revenues. But if the revenues are not sufficient to procure him an education, the tutor must cause a meeting of the family to be assembled in order to deliberate whether it be for the advantage of the minor that something should be taken from his capital, in order to insure to him the advantage of a liberal education.
In case also that the revenue of the minor should be evidently insufficient to procure him subsistence, the tutor, by the advice of the family meeting, may be authorised to take from the capital in order to supply his wants.
ART. 344. The tutor administers by himself alone; all the deeds are made by him and in his name, without the concurrence of the minor.
He can, on his own responsibility, act by an attorney in fact, in places distant from his residence.
AR'T. 345.-The tutor cannot, without an authority from the judge, by and with the advice of a family meeting, accept or refuse an inheritance which has descended to the minor.
ART. 346.-The acceptance of an inheritance, which hus accrued to a minor, can be made in no other way than with the benefit of an inventory.
ART. 347.-The inheritance which has been refused by the tutor authorised by the judge, may be resumed or accepted by the tutor by a similar authority, or by the minor when arrived at the age of majority, in case such inheritance shall not have been accepted by any
But the inheritance must be taken such as it is at the time of claiming the same, and the claimant shall have no right to contest any sales or other acts, which may have been legally made, during the vacancy of the inheritance.
ART. 348.— The tutor cannot borrow for the minor, purchase for him immoveables or slaves, or compromise respecting his rights, without an authority from the judge, granted on the advice of a meeting of the family.
ART. 349.-The tutor may accept legacies, donations and other advantages made to his ward; but he cannot, in any case, dispose graluitously of the moveable or immoveable property of the minor, or of any part thereof.
ART. 350.- The tutor is bound to give an account of his administration at the expiration of the tutorship, and whenever he is ordered to do so, by the judge.
ART. 351.-The tutor who absents himself from the State, is bound to cause another lutor to be appointed in his stead, and, previous to his departure, to give an account of his administration; and if he neglects so to do, he may be arrested and held to bail in such sum as The judge shall determine.
On his return, the judge shall decide whether he is to resume his tutorship or not.
ART. 352.-The account of the tutorship is given at the expense of the minor; the tutor advances that expense.
ART. 353.-The sum which appears to be due by the tutor as the balance of his accounts, bears interest, without a judicial demand, from the day on which the accounts were closed.
The same rule applies to the balance due to the tutor.
ART. 354.-The property of the tutor is tacitly mortgaged in favor of the minor from the day of the appointment of the tutor, as security for his administration, and for the responsibility which results from it. This general mortgage does not take effect, when the tutor has given a special mortgage according to article 331,
ART. 355.-Every agreement which may take place between the tutor and the minor arrived at the age of majority, shall be null and void, unless the same was entered into after the rendering of a full account and delivery of the vouchers, the whole being made to appear by the receipt of the person to whom the account was rendered, ten days previous to the agreement.
ART. 556.—The action of the minor agaiņst his tutor, respecting the acts of the tutorship, is prescribed by four years, to begin from the day of his majority
Of the Curatorship of Minors. ART. 357.-When the minors are arrived to the age of puberty, that is at the full age of fourteen years for males, or at the full age of twelve years for females, they pass from under the authority of a tutor, to that of a curator.
ART. 358.—There are two kinds of curators for minors above the age of puberty:
The curator ad bona ( of property;)
ART. 359.—The curator ad bona administers the estate of the minor, takes care of his person, and intervenes in all his contracts. ·
The curator ad litem assists the minor in courts of justice, and acts as curator ad bona in cases where the interests of that curator are opposed to the interests of the minor.
ART. 360.- The curator ad bona differs from the tutor in no respect except the following:
1. The tutor is appointed to the minor, whether he be willing or not; but the curator ad bona cannot be appointed to the minor against his will, the judge being
bound to appoint the person mentioned to him by the ' minor, if such person has, in every other respect, the necessary qualifications;
2. Tutorship is natural, testamentary, legal or dative; curatorship on the contrary is only dative;
3. The tutor stipulates in every contract, in the name of the minor, and without his presence, and appears for the minor in every case when his own interest is not in opposition to that of the minor; whilst the curator ad bona only assists the minor in every contract in which he is concerned, and does not appear for him in courts of justice, this being the particular duty of the curator ad litem.
ART. 361.-With the exception of the differences. mentioned in the preceding article, the obligations, powers, rights and duties of the curator ad bona are the same as those of the tutor, and the rules which have been established in the chapter, which treats of the tutorship, apply likewise to the curator ad bona in every respect.
ART. 362.-Although minors, who have arrived at the age of puberty, have a right to point out to the judge the person whom they wish to be appointed their curator ad bona, nevertheless, when they have once made their choice, or when they have accepted the curator who has been appoinled for them, they are bound to keep him until their majority or emancipation, unless they have a lawful reason to cause him to be removed.
ART. 363.-Until the minor makes choice of a curator, the functions of the tutor continue in the same manner as if the minor had not altained the age of puberly.
ART, 361,-The curator ad iitem, as well as the cu