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ART. 295. [315.]-No person who is not a relation of the minor by consanguinity, or who is only related to him beyond the fourth degree, can be compelled to accept the tutorship. (Am'd.) C. N. 432; C. P. 960.

ART. 296. [316.]-Every person who has attained the age sixty-five years, may refuse to be a tutor.

of

The person who shall have been appointed prior to that age, may be excused from the tutorship at the age of seventy

years.

C. N. 433.

ART. 297. [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.

C. N. 434.

ART. 298. [318.]-The person who is appointed to two tutorships has a legal excuse for not accepting a third.

He who, being a husband or 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.

C. N. 435

ART. 299. [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 ten miles distance from his residence to the place where his appointment was made, and after this delay he shall no longer be admitted to offer any excuse, unless he has sufficient reason to account for such delay.

(Am'd.) C. N. 438, 439, 440; C. P. 960; 2 R. 418.

ART. 300. [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.

C. N. 440; 11 R. 503.

ART. 301. [321.]-The causes herein expressed, or any other, can not excuse the father from the obligation of accepting the tutorship of his children.

C. C. 250 (268) et seq.

SECTION 9.

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

ART. 302. [322.]-The following persons can not be tutors, to wit:

1. Minors, except the father and mother;

2. Women, except the mother and grandmother;

3. Idiots and lunatics;

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

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

6. 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;

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

(Am'd.) C. C. 3070; C. N. 442, 443; 2 A. 623; 9 A. 354; 13 A. 244.

ART. 303. [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 an inventory to be made of the minor's property, within the time prescribed by

law.

C. C. 1035 (1028); C. N. 444; 10 L. 82; 13 L. 1; 9 A. 354. ART. 304. The following persons are liable to be removed from the tutorship:

1. The tutor who becomes insolvent after his appointment; 2. The tutor who fails to have the bonds, the purchase of which is authorized by article 348, certified, countersigned and registered in the manner required by law;

3. The tutor who neglects to cause to be inscribed, in the manner required by law, the evidence of the minor's legal mortgage against his tutor.

(New Article.) C. C. 3070; C. N. 425; 4 N. S. 379; 5 N. S. 21; 3 A. 362; D. Sec. 2358.

ART. 305. [326.]-No cause of exclusion or removal is applicable to the father, except that of unfaithfulness of his administration, and of notoriously bad conduct.

2 A. 293; 12 A. 685, 887.

ART. 306. [325.]—All the causes of incapacity, exclusion and

removal, mentioned above, apply likewise to the undertutor, except insolvency and indebtedness to the minor or minors. (Am'd.) C. N. 445; 2 A. 418; D. Sec. 422. Acts 1868, No. 130. Acts 1866, p. 72.

SECTION 10.

Of the Appointment, Recognition, or Confirmation of Tutors, of the Persons whose Duty it is to cause Tutors to be Appointed and of the Liability of such Persons.

ART. 307. [289.]-The appointment, recognition or confirmation of tutors must be made by the judge of the parish where the minor has his domicile, if he has a domicile in the State, or if he has no domicile 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.

(Am'd.) C. C. 250 (268); C. P. 580, 944, 945, 961; 13 A. 265; 15 A. 28; 19 A. 499.

ART. 308. [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 make such appointment necessary.

C. N. 406; C. P 947; 3 R. 303.

ART. 309. [291.]-Minor relations and women who are excluded from the tutorship, are not included in the provisions contained in the preceding article.

ART. 310. [292.]--Relations who have neglected to cause a tutor 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 solido between relations who have a right to the inheritance in the same degree.

C. C. 2091 (2086); 3 R. 303.

ART. 311. [293.]-The action which results from this responsibility can not 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. 312. [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.

C. C. 308 (290); C. N. 406; C. P. 946, 947.

ART. 313. [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.

C. C. 56 (57), 222-315 (295); C. P. 116, 195, 944, 964; 3 L. 483; 15 A. 250, 251; 18 A. 609. D. Sec. 2350, 3831, 3853.

ART. 314. [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 přescribed.

The tutor who only wishes to be absent for a time shall not lose the tutorship on that account, provided he leaves with some person living in the parish where he resides, or in an adjoining parish, a general and special power of attorney to represent him in all the acts of his tutorship, and deposit an authentic copy of the power of attorney, before his departure, in the office of the recorder of the parish where he resides. This power of attorney shall be duly registered by the recorder.

(Am'd.) C. C. 358 (351),314 (298), 1154 (1145); C. N. 418; 5 N. S. 379; 3 L. 483; 9 L. 567; 9 A. 354; 18 A. 157; 19 A. 153, 210. D. Sec. 2349.

ART. 315. [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 shall have been appointed.

(Am'd.) C. N. 419, 420.

ART. 316. Whenever any person shall apply to be recognized, confirmed or appointed as tutor, or shall have been recommended by a family meeting, the judge shall order, and it shall be the duty of such applicant to cause a true and faithful inventory to be made of the movable and immovable 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 include the property situated out of the parish, as well as that within the parish where the appointment is to be made.

This inventory shall be begun at the farthest within ten days after the judge shall have ordered it, and shall be made by the recorder or any notary public authorized to that effect by the judge.

(New Article.) C. C. 335 (332); C. N. 451. D. Sec. 2367, 2382, 2391, 3873. Acts 1869, p. 114, § 3, 12.

ART. 317. After the inventory has been completed, the judge shall fix the amount of the bond which the tutor is bound to give.

(New Article.) C. C. 251 (269). D. Sec. 2360, 3867.

ART. 318. [330.]-Every tutor, except the father and mother, and the tutor appointed according to the provisions of article 271, shall give good and sufficient security for the fidelity of his administration.

This security must be for a sum equal to the amount of the credits, money and other movable 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.

(Am'd.) C. C. 271, 1041 (1034); 17 L. 104; 1 R. 407; 7 R 24; 9 R. 138; 10 R. 437; 11 R. 67; 12 R. 41, 323; 2 A. 462; 6 A. 64; 14 A. 259, 672; 15 A. 6, 162, 164. D. Sec. 2324, 3835. Acts 1857, pp. 174. 222.

ART. 319. This bond must be recorded in the mortgage book of the parish in which the tutor resides, and a certificate to that effect signed by the recorder of mortgages must be presented to the judge before he can make the appointment, or authorize letters of tutorship to be issued.

(New Article.) C. C. 3351, 3352. D. Sec. 2360, 2361, 2362, 2363, 3867, 3869. Acts 1869, p. 114.

ART. 320. [331.]-The tutor may be exempted from furnishing this security, if he prove that he possesses, within the State, immovable 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 immovable unincumbered property, equal in value to the amount of the security required.

(Am'd.) C. C. 271, 343 (338), 3334 (3306); 1 L. 343; 2 A. 402; 9 A. 433; 15 A. 162, 164. D. Sec. 2437, 2442. Acts 1830, p. 46, § 1.

ART. 321. In the several cases in which the tutor is not required by law to give bond, it shall be the duty of the clerk of the district court of the parish in which the appointment is to be made, to furnish a certificate of the amount of the minor's property according to the inventory on file in his office. This certificate must be recorded in the mortgage book of the parish in which the tutor resides; and a certificate to that effect, signed by the recorder of mortgages, must be presented to the judge before he can make the appointment, or authorize letters of tutorship to be issued.

(New Article.) D. Sec. 2366, 2391, 3872. Acts 1869, p. 114. Acts 1870, p. 107. ART. 322. The recording of the bond or certificate of the clerk as herein provided, shall operate as a legal mortgage in