emancipates a son or daughter, a grandson or granddaughter, or
other descendant while under the age of puberty, he becomes
their statutory guardian: but if at his death he leaves male
children, they become fiduciary guardians of their own sons, or
brothers and sisters, or other relatives who had been thus
emancipated. But on the decease of a patron who is statutory
guardian his children become statutory guardians also; for a
son of a deceased person, supposing him not to have been
emancipated during his father's lifetime, becomes independent
at the latter's death, and does not fall under the power of his
brothers, nor, consequently, under their guardianship; whereas
a freedman, had he remained a slave, would at his master's
death have become the slave of the latter's children. The
guardianship, however, is not cast on these persons unless
they are of full age, which indeed has been made a general
rule in guardianship and curatorship of every kind by our
constitution.

TITLE XX
OF ATILIAN GUARDIANS, AND THOSE APPOINTED
UNDER THE LEX IULIA ET TITIA

Failing every other kind of guardian, at Rome one used to
be appointed under the lex Atilia by the praetor of the city
and the majority of the tribunes of the people; in the provinces
one was appointed under the lex Iulia et Titia by the president
of the province. 1 Again, on the appointment of a testamentary
guardian subject to a condition, or on an appointment limited
to take effect after a certain time, a substitute could be ap-
pointed under these statutes during the pendency of the condition,