SECTION 4.

Of the Tutorship by the Effect of the Law.

ART. 263. [281.]-When a tutor has not been appointed to the minor by father or mother dying last, or if the tutor thus appointed has not been confirmed or has been excused, then the judge ought to appoint to the tutorship the nearest ascendant in the direct line of the minor.

C. N. 402, 405; 6 N. S. 454; 10 L. 540; 3 R. 390; 9 A 491, 493; 10 A. 586;16 A. 175.

ART. 264. [282.]-In case there shall be more than one ascendant in the same degree in the direct line, but of different sexes, the tutorship shall be given to the male.

C. N. 403, 404; 3 R. 390.

ART. 265. [283.]-In case there shall be more than one ascendant in the same degree, in the direct line, and of the same sex, the judge shall appoint one of them as tutor by and with the advice of the family meeting.

C. N. 403, 404; C. P. 952; et. seq. 3 R. 390; 9 A. 493.

ART. 266. [284.]—The grandmother of the minor is the only woman who has a right to claim the tutorship by the effect of the law, but she is not compelled to accept it.

ART. 267. [285.]-In case the minor has no ascendant in the direct line, the tutorship shall be given to the nearest of kin in the collateral line.

And if there are two or more relations in the same degree, the judge shall appoint one of them by and with the advice of the family meeting.

(Am'd.) C N. 405; C. P 953; D. Sec. 420, 2346, 3825. Acts 1855, p. 299. ART. 268. [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. 269. [287.]—Under the name relation are not included connections by affinity.

SECTION 5.

Of Dative Tutorship.

ART. 270. [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 excused legally, in such cases the judge shall appoint a tutor to the minor, by and with the advice of the family meeting. C. N. 405; 3 R. 390. Acts 1855, March 15th.

ART. 271. Whenever it shall occur that no one will take upon himself the tutorship of a minor, and comply with existing laws by giving the required security, it shall be the duty of the judge to summon a family meeting, and with its advice, to nominate one discreet and responsible person in the parish to be tutor, and another to be undertutor, who shall in all respects comply with existing laws in relation to tutors, except that of giving bond.

(New Article.) C. N. 405; D. Sec. 2321, 2329, 3835. Acts 1855, p. 444. ART. 272. [296.]—The judge can appoint a tutor to a foundling or a child abandoned, giving the preference always to the person protecting it.

C. N. 418.

SECTION 6.

Of the Undertutor.

ART. 273. [300.]—In every tutorship there shall be an undertutor, whom it shall be the duty of the judge to appoint at the time the letters of tutorship are certified for the tutor.

C. C. 252 (415); C. N. 420; 2 R. 418; 14 A. 631; 15 A. 27, 29.

ART. 274. The undertutor shall, prior to his entering upon the exercise of his duties, take an oath before the proper officer, that he will well and faithfully fulfill his trust.

(New Article.)

ART. 275. [301.]—It is the duty of the undertutor to act for the minor, whenever the interest of the minor is in opposition to the interest of the tutor.

If the tutor should neglect to render his annual account as required by law, the undertutor must give notice to the judge having jurisdiction, that the tutor has failed to account, whereupon the judge shall order the tutor to render his account.

(Am'd.) C. C. 356, 357; C. N. 420; 1 N. S. 492; 2 L. 142; 10 L. 319; 12 L. 577; 1 R. 111; 6 R. 51; 4 A. 77; 15 A. 121, 206; 19 A. 153; 24 A. 175 Acts 1855, p. 444.

ART. 276. [302.]-The undertutor 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 interests of the minor, it is his duty to oppose the homologation of the proceedings.

4 L 383; 10 L. 319; 2 A. 941; 23 A. 167. Acts 1855, p. 310, § 5. Acts 1855, p 444, § 10

ART. 277. Whenever an undertutor shall refuse to approve of the deliberations of a family meeting, or object to their homologation, the court shall decide whether the opposition is well founded, and if not, the opposition shall be overruled, and the deliberations homologated, as if no opposition had taken place. When the court shall decide that the opposition of the undertutor is unfounded, and shall homologate the deliberations of the family meeting, the undertutor who shall have made the opposition, shall be exonerated from all responsibility.'

(New Article.) C. C. 328; D. Sec. 1498, 2335, 3843. Acts 1855, p. 444, § 10. ART. 278. The undertutor who fails or neglects to cause to be inscribed in the manner required by law, the evidence of the minor's legal mortgage against his tutor, shall be liable for all the damages which the minor may sustain in consequence of such failure or neglect; and this claim for damages shall not be prescribed so long as the minor's right of action exists against his tutor.

(New Article.) D. Sec. 2360, 3866, 3867. Acts 1869, p. 114. ART. 279. [303.]—The tutorship does not devolve on the undertutor, when it is vacant.

But when it becomes necessary to appoint another tutor, it is the duty of the undertutor, under his responsibility, to cause such appointment to be made.

C. N. 424; 2 A. 941; 9 A. 560.

ART. 280. [304.]-The duties of the undertutor are at an end at the same time with the tutorship.

C. N. 425.

SECTION 7.

Of Family Meetings.

ART. 281. [305.]-Family meetings, in all cases in which they are required by law, for the interest of minors or of other persons, must be composed of at least five relations, or in default of relations, friends of him on whose interests 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, or in a neighboring parish provided they do not reside at a distance exceeding thirty miles.

(Am'd.) C. N. 407; 2 L. 534; 11 R. 67; 2 A. 941; D. Sec. 421, 1499. Acts 1826, p. 164, § 4. Acts 1855, p. 310.

ART. 282. [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.

C. N. 407; 6 N. S. 659.

ART. 283. Any person who shall have interests conflicting with those of a minor, in any matter in which a family meeting may be necessary, shall be incompetent to be a member of said family meeting, although he be one of the nearest relations.

(New Article.)

ART. 284. [307.]-The appointment of the members of the family meeting, shall be made by the judge.

ART. 285. [308.]-The family meeting shall be held before the recorder of the parish, 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.

The family meeting may be held at an earlier day by consent of the members composing it and the undertutor.

(Am'd.) C. N. 411; 12 R. 67; Acts 1855, p. 310, § 4.

ART. 286. If any relative of a minor, after having been legally summoned to compose a family meeting, shall fail to attend, he shall be liable to a fine, at the discretion of the court ordering the family meeting, not exceeding twenty dollars, to be applied by the court towards defraying the expenses of convoking and holding such family meeting. This fine shall be collected in the same manner as those imposed on witnesses failing to attend, after having been regularly summoned.

(New Article.) D. Sec. 1495. Acts 1855, p. 310, § 2.

ART. 287. If any relative of a minor, after having been legally summoned to compose a family meeting, shall neglect to attend, the officer holding the meeting shall have power to appoint, instanter, friends to compose or complete such family meeting, as in default of relations.

(New Article.) D. Sec. 1496. Acts 1855, p. 310, § 3.

ART. 288. The notices delivered by the officer in whose office the family meeting is to be held, to the members who are to compose it, shall have the same effect, legally, as a summons served by the sheriff.

(New Article) D. Sec. 1497, 2515. Acts 1855, p 310, § 4.

ART. 289. [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. 290. [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.

C. N. 409, 410.

ART. 291. [311.]-The officer before whom the family meeting is held, must make a particular proces 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.

C. N. 409, 410.

SECTION 8.

Of the Causes which Dispense or Excuse from the Tutorship.

ART. 292. [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 State 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 officers who are intrusted in this State 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.

C. N. 427, 428.

ART. 293. [313.]-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 intrusted with the mission which dispenses from it, shall not be admitted to be excused on that account.

C. N. 430.

ART. 294. [314.]-Those, on the contrary, who shall have been invested with offices, who shall have engaged in the service, or shall have been intrusted 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.

C. N. 431.