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in not being, like the- auctoritas, necessary to the completion of the legal act, but merely necessary to remove all legal objections to it when completed.
The cura of spendthrifts and persons of unsound mind, as already observed, owed its origin to the laws of the Twelve Tables. The technical word for a person of unsound mind in the Twelve Tables is furiosus, which is equivalent to demens ; and both words are distinguished '"rom insanus. Though furor implies violence in conduct, and dementia only mental imbecility, there was no legal difference between the two terms, so far as concerned the cura, Insania is merely weakness of understanding (stutiiiia constantly id est, sanitate vacans, Cic. Tusc. Quaest. iii. 5), and it was not provided for by the laws of the Twelve Tables. In later times, the praetor appointed a curator for all persons whose infirmities required it. This law of the Twelve Tables did not apply to a pupillus or pupilla. If, therefore, a pupillus was of unsound mind, the tutor was his curator. If an agnatus was the curator of a furiosus, he had the power of alienating the property of the furiosus. (Gams, ii. 64.) The prodigus only received a curator upon application being made to a magistratus, and a sentence of interdiction being pronounced against him (ei bonis interdictum eat. Compare Cic. De Senec. c. 7). The form of the interdictio was thus : —" Quando tibi bona paterna avitaque nequitia tua disperdis, liberosque tuos ad egestatem perducis, ob earn rem tibi ea re commercioque interdico." The cura of the prodigus continued till the interdict was dissolved. It miffht be inferred from the form of the
interdict, that it was limited to the case of persons who had children ; but perhaps this was not so. (Dig. 27. tit. 10; Cod. 5. tit. 70; Inst. i. tit. 23.)
It will appear from what has been said, that, whatever similarity there may be between a tutor and a curator, an essential distinction lies in this, that the curator was specially the guardian of property, though in the case of a furiosus he must also have been the guardian of the person. A curator must, of course, be legally qualified for his functions, and he was bound, when appointed, to accept the duty, unless he had some legal exemption (excusatio). The curator was also bound to account at the end of the curatela, and was liable to an action for misconduct.
The word cura has -also other legal applications: — 1. Cura bonorum,) in the case of the goods of a debtor, which are secured for the benefit of his creditors. 2. Cura bonorum et ventris, in the case of a woman being pregnant at the death of her husband. 3. Cura hereditatis, in case of a dispute as to who is the heres of a person, when his supposed child is under age. 4. Cura liereditatis jacentls^ in the case of a property, when the heres had not yet declared whether or not he would accept the inheritance. 5. Cura bonnrum absentis, in the case of property of an absent person who had appointed no manager of it.
This view of the curatela of minors is from an 'essa\r by Savigny, who has handled the whole matter in a way equally admirable, both for the scientific precision of the method and the force and perspicuity of the language. ( Von dem Schutz der Minderj'dhrigen, ' Zeitschrift. vol. x. ; Savigny, Vom Beruf\ &c. p. 102 ; Gaius, i. 197; Ulp. Frag. xii. ; Dirks.n, UebersicU., &c. Tab. v. Frag. 7 ; Mac-
keldey, Lelirbucli des lieutigen KomiscJien Reclits, § 58H, &c. (12th ed.) ; Thibaut, System des Pan-delcten-Rechts, § 786, &c. 3th ed. &c.) [G. L.]
CURATORES, were public officers of various kinds under the Roman empire, several of whom were first established by Augustus. (Suet. Aug. 37.) The most important of them were as follow : —
1. curatores alvei et riparum, who had the charge of the navigation of the Tiber. The duties of their office may be gathered from Ulpian (Dig. 43. tit. 15). It was reckoned very honourable, and the persons who filled it received afterwards the title of comites.
2. curatores annonae, who purchased corn and oil for the state, and sold it again at a small price among the poorer citizens. They were also called curatores emendi frumenti et olei, and cnToSz/ou and eAcuajvcu. (Dig. 50. tit. 5. s. 18. § 5.) Their office belonged to the personalia munera; that is, it did not require any expenditure of a person's private property: but the curatores received from the state a sufficient sum of money to purchase the required amount. (Dig. 50. tit. 8. s. 9. § 5.)
3. curatores aquarum. [aquae Duc-tus.]
4. curatores kalendarii, who had the care in municipal towns of the kalendaria; that is, the books which contained the names of the persons to whom public money, which was not wanted for the ordinary expenses of the town, was lent on interest. The office belonged to the personalia munera. (Dig. 50. tit. 4. s. 18. § 2; tit. 8. s. 9. § 7; Heinecc. Antiq. Rom. iii. 15. § 4.) These officers are mentioned in inscriptions found in municipal towns. (Orelli, Inscrip. No. 3940, 4491.)
5. curatores ludorum, who had the care of the public games. Persons of rank appear to have been usually appointed to this office. (Tacit. Ann. xi. 35, xiii. 22 ; Suet. Cal. 27.) In inscriptions, they are usually called curatores muneris gladia-torii^ &c.
6. curatores operum publicorum, who had the care of all public buildings, such as the theatres, baths, aquaeducts, &c., and agreed with the contractors for all necessary repairs to them. Their duties under the republic were discharged by the aediles and censors. [censores.] They are frequently mentioned in inscriptions. (Orelli, Inscrip. No. "24, 1506, 2273.)
7. curatores regionum, who had the care of the fourteen districts into which Rome was divided, and whose duty it was to prevent all disorder and extortion in their respective districts. This office was first instituted by Augustus. (Suet. Aug. 30.) There were usually two officers of this kind for each district; Alexander Severus, however, appears to have appointed only one for each ; but these were persons of consular rank, who were to have jurisdiction in conjunction with the praefectus urbi. (Lamprid. Alex. Sev. 33.) We are told that M. Antoninus, among other regulations, gave special directions that the curatores regionum should either punish, or bring before the praefectus urbi for punishment, all persons who exacted from the inhabitants more than the legal taxes. (Jul. Capitol. M. Anton. 12.)
8. curatores reipublicae, also called Lo-gistae, who administered the landed property of municipia. (Dig. 50. tit. 8. s. 9. § 2; 2. tit. 14