Blacks Law Dict. 1st ed

TURPIS

TUTORSHIP BY NATURE

1194

made at the expense of individuals In the first in stance ; and the cost of construction and mainte nance is reimbursed by a toll, levied by public au thority for the purpose. 16 Pick. 175. TURPIS. Lat. In the civil law. Base; mean; vile; disgraceful; infamous; unlaw ful. Applied both to things and persons. Calvin. TURPIS CAUSA. Lat. A base cause; a vile or immoral consideration; a considera tion which, on account of its immorality, is not allowed by law to be sufficient either to support a contract or found an action; 0. g. t future Illicit intercourse. TURPIS CONTRACTUS. Lat. An immoral or iniquitous contract. Turpis est pars qua© non convenit oum suo toto. The part which does not agree with its whole is of mean account, [en titled to small or no consideration.] Plowd. 101; Shep. Touch. 87. TURPITUDE. Everything done con trary to justice, honesty, modesty, or good morals is said to be done with turpitude. TURPITUDO. Lat. Baseness; infamy; immorality; turpitude. Tuta est custodia quse sibimet cre ditur. Hob. 340. That guardianship is se cure which is intrusted to itself alone. TUTELA. Lat. In the civil law. Tu telage; that species of guardianship which continued to the age of puberty; the guard ian being called "tutor," and the ward, "pu pillus." 1 Dom. Civil Law, b. 2, tit. 1, p. 260. TUTELA LEGITIMA. Lat. In the civil law. Legal tutelage; tutelage created by act of law, as where none had been cre ated by testament. Inst. 1, 15, pr. TUTELA TESTAMENTARIA. Lat. In the civil law. Testamentary tutelage or guardianship; that kind of tutelage which was created by will. Calvin. TUTELJE ACTIO. Lat. In the civil law. An action of tutelage; an action which lay for a ward or pupil, on the termination of tutelage, against the tutor or guardian, to compel an account. Calvin. TUTELAGE. Guardianship; state of being under a guardian. TUTELAM REDDERE. Lat. In the civil law. To render an account of tutelage. Calvin. Tutelam reposoere, to demand an account of tutelage.

TT7TEUB. In French law. A kind of guardian. TUTUER OPPICIEUX. In French law, 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. TUTEUR SUBROGE. In French law. The title of a second guardian appointed for an infant under guardianship. His func tions 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 acquietando, quam in puniendo, ex parte misericor dise quam ex parte justitise. It is al ways safer to err in acquitting than punish ing, on the side of mercy than on the side of justice. Branch, Pnnc; 2 Hale, P. C. 290; Broom, Max. 326; 9 Mete. (Mass.) 116. TUTOR. In the civil law. This term corresponds nearly to "guardian," (i. e., a person appointed to have the care of the per son of a minor and the administration of his es tate.) except that the guardian of a minor who has passed a certain age is called "curator," and has powers and duties differing some what from those of a tutor. By the laws of Louisiana, minors under the age of fourteen years, if males, and under the age of twelve years, if females, are, both as to their persons and their estates, placed under the authority of a tutor. Above that age, and until their majority or emancipation, they are placed under the authority of a cu rator. Civil Code La. 1838, art. 263. TUTOR ALIENUS. In English law. The name given to a stranger who enters upon the lands of an infant within the age of fourteen, and takes the profits. Co. Litt. 896, 90a. TUTOR PROPRIUS. The name given to one who is rightly a guardian in socage, in contradistinction to a tutor alienus. TUTORSHIP. The office and power of a tutor. TUTORSHIP BY NATURE. After the dissolution of marriage by the death of

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