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Scottish National Dictionary (1700–)

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First published 1974 (SND Vol. IX).

TUTOR, n. Sc. Law usage: a person who is guardian and administrator of the estate of a Pupil or child under the age of Minority, normally the father, but failing him, the mother since 1886, or some person nominated or appointed to the office. A tutor differs from a Curator in being entrusted with a pupil, the curator with a minor or an insane person, but the words are sometimes confused. The tutor of a landed proprietor freq. took the name of the estate or occas. of his pupil as his designation, esp. in the Highlands, as The Tutor of Weem, Tutor of Struan, etc. Roman Catholics were formerly, till 1743, excluded from the office.Sc. 1705 Morison Decisions 16320:
He, by his testament in 1705, names Mr James Forrester, advocate, his brother, and others of his own friends, to be tutors to his children.
Bnff. 1729 W. Cramond Parish Grange (1898) 90:
Given to the tutor of Rannes' relict, she being in great straits, 12s.
Sc. 1773 Boswell Tour (1936) 165:
The old Tutor of Maedonald always eat fish with his fingers.
Sc. 1808 Lockhart Scott Autobiog.:
Beardie became Tutor of Raeburn, that is, guardian to his infant nephew.
Sc. 1838 W. Bell Dict. Law Scot. 1017:
A tutor is vested with the management of both the person and the estate of his pupils while a curator's sole concern is with the estate.
Sc. 1880 J. and D. Stewart Stewarts of Appin 124:
Dugald Stewart, tenth of Appin, was a boy and the clan was consequently led by the Tutor, Charles Stewart.
Sc. 1896 W. K. Morton Manual 37:
A tutor is the legal representative of a pupil. A female may be tutor, except in the case of a tutor at law.
Sc. 1928 A. Stewart Highl. Parish 91:
John Campbell of Duneaves, commonly called on account of his charge, the Tutor of Glenlyon.
Sc. 1933 Encycl. Laws Scot. XV. 305:
On the death of one parent, the other, if surviving, shall be tutor of the pupil offspring of the marriage.

Combs. and derivs.: 1. pro-tutor, -tutrix, one who acts as tutor or tutrix without having legal title under 3. or 4. Hence pro-tutory, the office of such; 2. testamentary tutor, also tutor testamentar(y), a tutor appointed by the deed of the father of a pupil to act in the event of his death; 3. tutor at law, the nearest male relative on the father's side who becomes tutor of a pupil in default of a tutor appointed by the parents. See also 6. and 8.; 4. tutor-dative, a tutor appointed by the Court of Session in cases where the other kinds of tutor are not available; 5. tutorial, adj., pertaining to a tutor or his office; 6. tutor legitim, = 3.; 7. tutor-nominate, = 2.; 8. tutor of law, the older form of 3.; 9. tutorship, the office of tutor. Obs. in Eng.; 10. tutory, id. Also attrib. and in combs. tutory-at law, tutory dative, see 3. and 4. above; the period during which a child is under a tutor (Sc. 1825 Jam.); in a more gen. sense, the care and protection devoted to a child; 11. tutrix, a female tutor.1. Sc. 1739 Morison Decisions 16344–5:
The defenders should be liable to account as tutors or pro-tutors to Elspeth. . . . Her meddling cannot be esteemed acting as protutrix for her children. . . . The law characterises such management as a pro-tutory.
Sc. 1773 Erskine Institute i. vii. § 28:
Under this obligation to diligence the law has also laid pro-tutors and pro-curators. By these are understood persons who act as tutors or curators without having a legal title to the office.
2. Sc. 1705 Morison Decisions 16321:
Being tutors-testamentary entrusted by the defunct.
Sc. 1773 Erskine Institute i. vii. § 3:
Testamentary tutors are justly preferred to all others; because the father's express will, declared by his nomination, ought to prevail over his presumed will, upon which the office of tutor-of-law is entirely grounded.
Sc. 1923 Gloag and Henderson Intro. Law Scot. 535:
A tutor-testamentar, or nominated tutor, is preferred to all others.
3. Sc. 1861 W. Bell Dict. Law Scot. 843:
No cognate (i.e. no relation on the mother's side) can be a tutor-at-law.
Sc. 1924 Session Cases (1923–4) 793:
The nearest male agnate, if served tutor-at-law.
4. Sc. 1709 Compend of Securities 181:
Making him Tutor to the said D. and E. for guiding and governing them in their Persons, Educations, Lands, . . . during the Years of their Pupillarity.
Sc. 1773 Erskine Institute i. vii. § 8:
In default of tutors-legitim there is place for tutors-dative; who were by the Roman law named by the magistrate, but with us by the king alone, as pater patriæ, in his Court of Exchequer.
Sc. 1924 Session Cases (1923–4) 792:
The appointment of a tutor-dative to a person mentally incapax.
Sc. 1933 Encycl. Laws Scot. XV. 308:
The nomination, appointment, and control of tutors-dative are exercised on application by summary petition in the same way as other summary petitions.
5. Sc. 1709 Compend of Securities 181:
Rights Tutorial and others of the like Nature.
Sc. 1838 W. Bell Dict. Law Scot. 531:
The tutorial or curatorial inventory is a list of the whole estate, heritable or moveable, which belongs to a minor, made up by the tutor or curator before he enters on his office.
Sc. 1906 P. Fraser Parent and Child 266:
In an action of giving up tutorial inventories.
6. Sc. 1773 Erskine Institute i. vii. § 8:
In default of tutors-legitim, there is place for tutors-dative.
Sc. 1838 W. Bell Dict. Law Scot. 1016:
A tutor-at-law, or tutor-legitim, has place only where there is no tutor-nominate.
7. Sc. 1722 W. Forbes Institute I. i. 26:
Women may be Tutors nominate, or Dative, but cannot be served Tutors of Law.
Sc. 1754 Erskine Principles i. vii. § 3:
If there be no nomination by the father, or if the tutors nominate do not accept.
Sc. 1818 Scott H. Midlothian v.:
Applying to the Court for a commission as factor loco tutoris, seeing there is nae tutor nominate, and the tutor-at-law declines to act.
Sc. 1896 W. K. Morton Manual 38:
Tutor Nominate is a tutor appointed by mortis causa deed of the father.
8. Sc. 1722 W. Forbes Institutes I. i. 20:
Tutors of Law, are either extraordinary, who are given to Idiots and furious Persons, or ordinary, who are given to Pupils, upon Account of their Nonage.
Sc. 1754 Erskine Principles Index:
Tutor of law is not intrusted with the pupil's person.
Sc. 1896 W. K. Morton Manual 38:
Tutor of Law. — As he is the person entitled to succeed to the estate upon the pupil's death, the custody of the pupil's person is intrusted to the nearest cognate, that is, a relation by the mother's side.
9. Sc. 1928 A. Stewart Highl. Parish 14:
After his father's death Gregor was for a time under the tutorship of Duncan Ladossach.
10. Sc. 1712 S.C. Misc. (1841) 220:
The Fairyhill air and the tutory of the little wife in the Green.
Sc. 1722 W. Forbes Institutes I. i. 36:
Tutory continues no longer than Pupillarity, that is, 14 Years in Men, and 12 in Women.
Sc. 1752 J. Spottiswoode Stile of Writs 171, 348:
The Letters of Tutory dative granted to me under his Majesty's Quarter Seal. . . . All my other Children that shall be within the Years of Tutory or Curatory.
Abd. 1768 A. Ross Helenore (S.T.S.) 12:
Gryt was the care an' tut'ry that was ha'en, Baith night an' day, about the bony wean.
Sc. 1838 W. Bell Dict. Law Scot. 1018:
The tutory may . . . expire by the tutor's renunciation made on reasonable cause.
Sc. 1933 Encycl. Laws Scot. XV. 308:
The procedure by brieve of tutory is now almost entirely superseded by that of appointing a factor loco tutoris.
11. Sc. 1715 Morison Decisions 16335:
The Viscountess, who was tutrix, sine qua non.
Sc. 1727 Session Papers, Information Fraser of Strichen (31 Jan.):
The Lady Down the Debitor expedes a Tutory-dative in favour of herself as Tutrix.

[O.Sc. tutour, 1416, tutour dative, 1488, tutour of law, 1521, tutour of [Bombie], 1529, tutory, a.1400, tutrice, 1491. The usage derives from the Roman Law term tutor in sim. senses.]

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"Tutor n.". Dictionary of the Scots Language. 2004. Scottish Language Dictionaries Ltd. Accessed 29 Sep 2022 <http://www.dsl.ac.uk/entry/snd/tutor>

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