TUTEUR

In French law. A kind of guardian. Tuteur ofificieux. A person over fifty years of age may be appointed a tutor of this sort to a child over fifteen years of age, with the consent of the parents of such child, or, in their default, the conseil de famille. The duties which such a tutor becomes subject to are analogous to those in English law of a person who puts himself in loco parentis to any one. Brown. Tutenru subroge. The title of a second guardian appointed for an infant under guardianship. His functions are exercised in case the interests of the infant’and his principal guardian conflict. Code Nap. 420; Brown. Tutius erratur ex parte mitiore. 3 Inst 220. It is safer to err on the gentler side. Tutius semper est errare aequietando, quam in pnniendo, ex parte miserioor-dlaa quam ea parte justitiss. It is always safe? to err in acquitting than punishing, on the side of mercy than on the side of Justice. Branch, Princ.; 2 Hale, P. C. 290; Broom, Max. 326; Com. v. York, 9 Mete. (Mass.) 116, 43 Am. Dec. 373.