[IULIANUS libro uicesimo primo digestorum. ] §27.8.5.prDuo tutores partiti sunt inter se administrationem tutelae: alter sine herede decessit: quaesitum est, in magistratum, qui non curasset ut caueretur, an in alterum tutorem actio pupillo dari deberet.
[JULIAN, in the twenty-first book of Digests.] Two tutors divided the administration of the guardianship between themselves; one of them died without an heir. It was asked whether an action ought to be given to the ward against the magistrate, who had not cared that security should be provided, or against the other tutor.
respondi aequius esse in alterum tutorem dari quam in magistratum: debuisse enim eum, cum sciret pupillo cautum non esse, uniuersa negotia curare, et in ea parte, quam alteri tutori commisisset, similem esse ei, qui ad administrationem quorundam negotiorum pupilli non accessisset: nam etsi aliquam partem negotiorum pupilli administrauerit, tenetur etiam ob rem, quam non gessit, cum gerere deberet.
I replied that it is more equitable for it to be given against the other tutor than against the magistrate; for he ought, since he knew that security had not been provided for the ward, to have managed all the affairs, and in that part which he had entrusted to the other tutor, he was similar to one who had not approached the administration of certain affairs of the ward; for even if he administered some part of the ward's affairs, he is liable also for the matter which he did not conduct, when he ought to have conducted it.