which lies against those magistrates who have either altogether
omitted to take security from guardians or curators, or taken it
to an insufficient amount. According to the doctrines stated by
the jurists, as well as by imperial constitutions, this action may
be brought against the magistrate's heirs as well as against him
personally; 3 and these same constitutions ordain that guardians
or curators who make default in giving security may be compel-
led to do so by legal distraint of their goods. 4 This action,
however, will not lie against the prefect of the city, the praetor,
or the governor of a province, or any other magistrate author-
ized to appoint guardians, but only against those to whose usual
duties the taking of security belongs.

TITLE XXV
OF GUARDIANS' AND CURATORS' GROUNDS OF
EXEMPTION

There are various grounds on which persons are exempted
from serving the office of guardian or curator, of which the
most common is their having a certain number of children,
whether in power or emancipated. If, that is to say, a man
has, in Rome, three children living, in Italy four, or in the pro-
vinces five, he may claim exemption from these, as from other
public offices; for it is settled that the office of a guardian or
curator is a public one. Adopted children cannot be reckoned
for this purpose, though natural children given in adoption to
others may: similarly grandchildren by a son may be reckoned,
so as to represent their father, while those by a daughter may
not. It is, however, only living children who avail to excuse
their fathers from serving as guardian or curator; such as have