fit for his office: for if a pupil already has
one guardian, he cannot have another given him. Again, if a testamentary
guardian, or one appointed by the praetor or governor, is not a good man
of business, though perfectly honest in his management of the pupil's
affairs, it is usual for a curator to be appointed to act with
him. Again, curators are usually appointed in the room of guardians
temporarily excused from the duties of their office.

6 If a guardian is prevented from managing his pupil's affairs by
illhealth or other unavoidable cause, and the pupil is absent or an
infant, the praetor or governor of the province will, at the guardian's
risk, appoint by decree a person selected by the latter to act as agent
of the pupil.

TITLE XXIV. OF THE SECURITY TO BE GIVEN BY GUARDIANS AND CURATORS

To prevent the property of pupils and of persons under curators from
being wasted or diminished by their curators or guardians the
praetor provides for security being given by the latter against
maladministration. This rule, however, is not without exceptions, for
testamentary guardians are not obliged to give security, the testator
having had full opportunities of personally testing their fidelity
and carefulness, and guardians and curators appointed upon inquiry are
similarly exempted, because they have been expressly chosen as the best
men for the place.

1 If two or more are appointed by testament, or by a magistrate upon
inquiry, any one of them may offer security for indemnifying the pupil
or person to whom he is curator against loss, and be preferred to his
colleague, in order that he may either obtain the sole administration,
or else induce his colleague to offer larger security than himself, and
so become sole administrator by preference. Thus he cannot directly call
upon his colleague to give security; he ought to offer it himself, and
so give his colleague the option of receiving security on the one hand,
or of giving it on the other. If none of them offer security, and the
testator left directions as to which was to administer the property,
this person must undertake it: in default of this, the office is cast
by the praetor's edict on the person whom the majority of guardians or
curators shall choose. If they cannot agree, the praetor must interpose.
The same rule, authorizing a majority to elect one to administer the
property, is to be applied where several are appointed after inquiry by
a magistrate.