The Same, On All Tribunals, Book I. A Prætor cannot appoint himself a guardian, or a judge in any special proceeding.

The Same, On All Tribunals, Book I. The Governor of a province cannot appoint himself either a guardian, or a judge in a particular case.

The Same, On All Courts, Book I. Not only must a curator be appointed for a girl about to be married, for the bestowal of her dowry; but one must also be appointed for a minor who is already married. A curator is also appointed for the purpose of increasing the dowry, or in order that some change may be made with reference to it.

The Same, On All Tribunals, Book I. A freedman shall also be sent to the Prefect of the City for punishment, if he is proved to have fraudulently administered the guardianship of the children of his patron.

The Same, On All Tribunals, Book I. There are reasons why anyone may relinquish a guardianship or a curatorship and preserve his reputation. 1Therefore, the cause of his removal should be mentioned in the decree, in order that it may be known that the reputation of the guardian does not suffer. 2But what if the magistrate did not, in his decree, indicate the cause of the removal? Papinianus says that this should not affect the good name of the guardian; which is correct. 3If the Prætor by his decision does not remove the guardian from office, but forbids him to discharge its duties, it must be said that the better opinion is that he ceases to be a guardian. 4Those who have administered none of the affairs of the trust cannot be accused of being suspicious; they can, however, be removed on the ground of idleness, negligence, or fraud, if they have acted dishonestly.

Ulpianus, On All Tribunals, Book I. Children under the age of puberty are not permitted to denounce their guardians as suspicious; but it is clear that minors are allowed to denounce their curators in this manner, if they desire to do so; provided that they act under the advice of their near relatives. 1Where not fraud, but gross negligence which very nearly resembles fraud, has been committed by a guardian, he should be removed, as being suspicious. 2In the consideration of this subject, certain additional provisions were made by a Rescript of our Emperor and the Divine Severus, addressed to Atrius Clonius; for they decreed that, where guardians did not appear in cases involving the distribution of supplies to their wards, they should be deprived of their property, and that the ward should be placed in possession of the effects of him who had been pronounced suspicious by the decree, for the purpose of preserving the same, and if it was perishable, or liable to be diminished in value by delay, it was ordered to be sold, after the appointment of a curator. 3Moreover, if a guardian does not appear after having been appointed, it is customary to summon him by several proclamations, and finally, if he does not present himself, he should be removed from office, because of his non-appearance. This proceeding should only be resorted to very rarely, and after a careful investigation has been made.

The Same, On All Tribunals. The Prætor has the right to determine the amount to be allotted for the maintenance of wards; and he himself must apportion the sum which guardians or curators shall expend for the maintenance of wards or minors. 1When the Prætor renders his decision with reference to maintenance, he must take into consideration the value of the estate, and make the allowance with such a degree of moderation as not to permit the entire income of the estate to be expended for the support of the ward; but the allowance must always be made in such a way that a balance of the income will remain. 2In rendering his decision, he must bear in mind the slaves who are to serve the wards, the income of the latter, as well as the expenses of their clothing and lodging; and the age of those to whom maintenance is granted should also be taken into consideration. 3Still, in the case of large estates, not the entire value of the same, but what will be sufficient to enable the ward to live in an economical manner, should regulate the measure of the allowance. 4Where, however, the guardian, and he who desires an allowance for his support to be made do not agree as to the means of the latter, an inquiry should be instituted, and maintenance should not be rashly granted, lest injustice be done to one or the other of the parties. First, however, the Prætor should require the guardian to disclose how much is in his hands, and warn him that he will be compelled to pay a high rate of interest on all that is in excess of the sum mentioned in this statement. 5The Prætor is also accustomed to allow a certain sum for the education of male and female wards, or minors, who are under twenty years of age; this to be regulated by the amount of their means, and the age of those who are to receive instruction. 6Where, however, the wards are poor, the guardian is not compelled to support them out of his own property, and if a ward should be reduced to want after maintenance has been allowed him, the latter should be diminished, just as it is customary to increase it, when the estate has been enhanced in value.

Ulpianus, On All Tribunals, Book I. The Prætor must be careful not to appoint a curator rashly and without the most thorough investigation of the case, since many persons feign madness or insanity in order that, by the appointment of a curator, they may the more readily evade their civil obligations.