1.1.224 to 1.1.229

(180) Likewise, if any female is subject to the legal guardianship of a person who is insane, or dumb, she is permitted by the Decree of the Senate to demand a guardian for the purpose of constituting her dowry. (181) In these instances, it is clear that the patron or the patron's son is unquestionably entitled to the guardianship. (182) Moreover, the Senate decreed that, if the guardian of a male or female ward was suspected of maladministration, and was removed from the guardianship; or if he should be excused for some good reason, and another guardian be appointed in his stead; after this has been done, the former guardian shall lose the guardianship. (183) All of these provisions are observed both at Rome and in the provinces, but at Rome application for the appointment of a guardian should be made to the Prætor, and in the provinces to the governor. (184) Formerly, when the ancient mode of procedure was in use, a guardian was appointed for another reason, namely, where a suit was about to be brought between the guardian and the woman, or the ward; since because the guardian could not grant authority in his own case, another guardian was appointed by whom the legal proceedings were instituted; and he was called a prætorian guardian, because he was appointed by the Urban Prætor. Some authorities, however, think that, after the ancient mode of procedure was abolished, this method of appointing a guardian became obsolete, but it is held by others that it is still the practice where an action is to be brought. (185) If there should be no lawful guardian for a person, one is appointed for him under the Lex Atilia ,in the City of Rome by the Urban Prætor and a majority of the tribunes of the people, who is styled an "Atilian guardian"; and in the provinces he is appointed by the governor under the Lex Julia et Titia .