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L. Ardill compearing in a summons, as use is, for choosing his curators, and one of the minor's kin compearing and producing horning against two of the curators; and these curators alleging that they might be curators to the minor, notwithstanding they were at the horn, because if they should be thereby secluded, the minor would sustain the prejudice and not they, for so the minor would want authorizing to do his affairs: The Lords found, That none at the horn being alleged and shown, could be curators to minors, nor suffered to compear to do any act to be expede in judgment before they were relaxed; and albeit caution uses to be taken for curators, yet that supplies not to make rebels to be admitted to such charges by judicial acts.
Act. Nicolson.Alt. ——.Clerk, Hay.
Fol. Dic. v. 2. p. 86. Durie, p. 456.*** Spottiswood reports this case:
1629. July 2.—A minor having chosen curators at the bar, it was objected against one of them by the minor's tutor, that he was lying at the horn, and so could not administrate the minor's goods. The Lords thought it relevant, and repelled him until he was relaxed.
Spottiswood, (Tutors and Curator.) p. 347.*** This case is also reported by Auchinleck:
1629. July 2.—A curator being chosen by a minor, and being at the horn, cannot be admitted till he be relaxed.
