5. A tutor is suspected who does not faithfully execute his trust, although perfectly solvent, as Julian writes, who also thinks that even before he enters on his office, a tutor may be removed, as suspected; and a constitutio has been made in accordance with this opinion.
6. A suspected person, if removed on account of fraud, is infamous, but not if for neglect only.
7. If an actio is brought against any one as suspected, his administration, according to Papinian, is suspended while the accusation is pending.
8. If a process is commenced against a tutor or curator, as suspected, and he dies while it is going on, the process is at an end.
9. If a tutor fails to appear, that a certain amount of maintenance may be fixed on for his pupil, it is provided by a rescript of the Emperors Severus and Antoninus that the pupil shall be put into the possession of the effects of the tutor, and that after a curator has been appointed, those things, which are perishable, may be sold. Therefore, a tutor who does not afford maintenance to his pupil may be removed, as suspected.
The pupil’s estate
10. But if the tutor appears, and denies that maintenance can be allowed in consequence of the smallness of the pupil’s estate; if he says this falsely, he shall be handed over to the prefect of the city, to be punished, just as a person is handed over who has purchased a tutelage by bribery.
11. Also a freedman, who is proved to have been guilty of fraud, when acting as tutor to the son or grandson of the patron, is handed over to the prefect of the city to be punished.
12. Lastly, it must be known that they who are guilty of fraud in their administration must be removed, although they offer sufficient security. For giving security makes no change in the malevolent purpose of the tutor, but only procures him a longer opportunity of injuring the estate.
13. We also deem every man suspected, whose conduct is such that we cannot but suspect him. A tutor or curator who is faithful and diligent is not to be removed as a suspected person merely because he is poor.
Read More about The Institutes 535 CE part 47
