TUTOR, in the law of Scotland, means a guardian of the person as well as of the estate of a boy under 14, or a girl under 12; that is, while they are in a state under that of puberty. At common law, a father is both tutor and curator of his children. Tutors are divided into three kinds: 'tutors nominate, tutors at law, and tutors dative. A tutor nominate is he whom the father, who has the sole power of naming a tutor, has appointed by will or deed. Sometimes several are appointed to act jointly. In general. no security is required from a tutor nominate, because the father's choice implies that the tutor is a trustworthy person. Yet, if he is vergens ad inopiam, or of doubtful character, security will be required. Tutors at law are those whom the law will appoint in a certain order of relationship, if there is no tutor nominate. No cognate, i.e., no relation by die mother's side, will be appointed; but the nearest agnate, i.e., a person related through
the father,will be appointed, if a male and of the age of 25 and able lo give security. 'I he tutor, however, has only the custody of the pupil's estate, while the custody of the pupil's person is given to the mother or nearest cognate. A tutor dative is earned by the crown when there is no tutor nominate or tutor at law. Tutors other than tutors at law have the custody of both the person and estate of the pupil, and act alone for the pupil, cuing for and discharging all debts due, and managing the property. The tutor's office is gratuitous, and he is not allowed to derive any profit from it, or to do acts inconsisient with his duty. For scrim purposes, however, such as selling the pupil's laud, he must bare the sanction of time court of session. He is hound, on entering office, to make up an inventory, and must keep proper accounts.