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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION. - Anni 1973.
Anent Minors and Their Curators
1676.
January.
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The Lords have authorised tutors to sell their minors' lands within burgh, by their decreet, at ten years purchase and booths at twelve years; because, 1mo, They set more surely than other dwelling-houses. 2do, Are not so subject to fire. 3tio, Put the proprietor to no expense in roof reparations, or keeping water tight and wind tight. As for the lands in the country, they have authorised the tutors to sell them at seventeen years purchase; which is just the annualrent at six of the hundred, and equals the stock in some less than seventeen years.
I have heard it queried, If the tutor or curator of him that is heritor in a forty-shilling land can compear for his pupil, and give his vote to the Commissioners of Parliament at the head Court. I think not: for he cannot be chosen, neither being an heritor, freeholder, nor infeft; ergo, he cannot choice. As for the heritor himself, he cannot, in strict law, be admitted to vote till he be major and twenty-one years complete. 3tio, We follow the civil law in not being strict in exacting caution from testamentary tutors, quia judicium defuncti eos approbavit; but they make only faith and give up inventory, conform to the 2d act of Parliament in 1672; but if that tutor confirm the defunct's testament, or turn somewhat suspect, as being poor or malversing, I think, in these cases, he ought to find a cautioner.—See Gudelinus, de Jure Novissimo, lib. I, cap. —. p. 41. See Stair, tit. —. Of Tutorial Obligations, —. Codex Fabrianus, libro 5, tit. 25, de Tutore vel Curatore qui satisdationem non dederunt, defin. 1.
