term: and
even if no condition was attached to the appointment of a testamentary
guardian, a temporary guardian could be obtained under these statutes
until the succession had vested. In all these cases the office of the
guardian so appointed determined as soon as the condition was fulfilled,
or the term expired, or the succession vested in the heir.

2 On the capture of a guardian by the enemy, the same statutes regulated
the appointment of a substitute, who continued in office until the
return of the captive; for if he returned, he recovered the guardianship
by the law of postliminium.

3 But guardians have now ceased to be appointed under these statutes,
the place of the magistrates directed by them to appoint being taken,
first, by the consuls, who began to appoint guardians to pupils of
either sex after inquiry into the case, and then by the praetors, who
were substituted for the consuls by the imperial constitutions; for
these statutes contained no provisions as to security to be taken from
guardians for the safety of their pupils' property, or compelling them
to accept the office in case of disinclination.

4 Under the present law, guardians are appointed at Rome by the
prefect of the city, and by the praetor when the case falls within his
jurisdiction; in the provinces they are appointed, after inquiry, by
the governor, or by inferior magistrates at the latter's behest if the
pupil's property is of no great value.

5 By our constitution, however, we have done away with all difficulties
of this kind relating to the appointing person, and dispensed with the
necessity of waiting for an order from the governor, by enacting that if
the property of the pupil or adult does not exceed five hundred solidi,
guardians or curators shall be appointed by the officers known as
defenders of the city, along with the holy bishop of the place, or in
the presence of other public persons, or by the magistrates, or by the
judge of the city of Alexandria; security being given in the amounts
required by the constitution, and those who take it being responsible if
it be insufficient.

6 The wardship of children below the age of puberty is in accordance
with the law of nature, which prescribes that persons of immature years
shall be under another's guidance and control.

7 As guardians have the management of their pupils' business, they are
liable to be sued on account of their administration as soon as the
pupil attains the age o