Our Soveraign Lord and the Estates of Parliament Considering that Tutors nominat by a father to his Children are persons in whom he reposeth the greatest trust and that the tutors nominat frequently decline the office being unwilling to subject themselves to the hazards of Omissions of being oblidged in solidum each of them for others And likewayes Considering that the father can make a better choise of Curators for his Children who are minors then the minors could make for themselves Therfor His Majestie with advice and consent of the Estates of Parliament Statutes and Ordains that it is and shall be lawfull for the father by ane act or deed in his leige poustie to make a nomination of such Persons as he thinks fit to be tutors and of such Persons as he thinks fit to be Curators to his Children dureing their Minority Containing this Provision and Quality That the saids Tutors or Curators shall not be lyable for Omissions but for their actuall intromissions with the means and estate descending from the father and other deeds of administration theranent And that each of them shall only be lyable for himselfe and not in solidum for others And it is hereby Statute and ordained That the Tutors or Curators so nominat shall not be lyable for Omissions but only for their actuall intromissions with the means and estate descending from the father and other deeds of administration theranent and that each of them shall only be lyable for himself and not in solidum for others And that the Curators named by the father accepting befor the Judge ordinary in the terms of their nomination shall have right to exerce the office dureing all the years of the minority And it is hereby Declared that where the same Persons are named by the father to be both Tutors and Curators it shall be lawfull and free for those who shall accept and exerce the office of Tutory to decline or accept as Curators after the Pupillarity expires as they think fit Declaring allwayes that if the condition of any of the Tutors or Curators to be named with the qualities afterspecefeit shall change and become such as any near relation to the pupil or minor shall think fit to represent the same to the Lords of Session to the end after mentioned Then and in that case the saids Lords are hereby empowered upon the said Complaint and a citation upon it without abideing the order of the Roll to ordain the forsaid Tutor and Curator upon such reasons as they shall find probable either to find good and sufficient Caution for their administration or to remove and if He refuse to Remove him And lastly Provyding That nothing in this act shall liberat from or dispense with the makeing of Inventars
Act repealed (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c.50, SIF 49:8), ss. 10(2), 11(2), Sch. 2 (with s. 1(3))