A tutor in law being absent and at the horn, the Lords sustained a tutory dative without removing the other.
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In an action of the Earl of Cassillis being pupil, compeared Mr. John Sharp, advocate, and produced a letter of tutor-dative, whereintil he was made tutordative to the said Earl, because Thomas Kennedy his tutor of law was in sundry respects unable, sometime at the horn and far off, and not ay ready to the authorization and defence of the pupil, who had many weighty actions ado. It was alleged against the tutor-dative, that of the law, tutorem habenti tutor dari non potuit, and as it was practised betwixt Saint. Colme and the Earl of Garvie, into the cause of the L. of ——— pupil. The Lords nevertheless admitted the said letter of tutorie et hoc juxta L. Licet C. In quibus casibus tutorem vel curatorem habentitutor vel curator dari potest.
