Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Swinton v. Noteman
Date: 12 June 1665
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A woman being left tutor to her children, and thereafter marrying, and so losing her tutory, her husband behaves himself as tutor and administrator: The minor thereafter convenes him for count, reckoning, and payment, not only of what he intromitted with, but for his omissions, and what he might have intromitted with; and so contended to make him liable in every thing as a tutor, even for his neglects in desperate debts; for which the civil law was adduced.
The Lords found him not liable to count but for what only he did intromit with, and for what he might have done upon that subject of intromission, but no farther, and not for his omissions in any other thing belonging to the minor. But they made an Act of Sederunt for the future, that pro-tutors should be liable in omissa and commissa, as well as other tutors, in all time coming.
