1Ulpianus, On all Tribunals, Book IV. It is stated in an Address of the Divine Marcus that no one can compel another to go to trial in the seasons of harvest and vintage; because being occupied in agricultural pursuits, he should not be compelled to appear in court. 1If, however, the Prætor, either through ignorance or neglect, should continue to summon the parties, and they should voluntarily appear, and he should render judgment in the presence of the litigants, who are here of their own accord, the judgment will be valid, even though he who summoned them acted improperly; but if he should render judgment in their absence, and while they continued to remain away, it follows that it must be held that his judgment is of no effect; for the act of the Prætor can not abrogate the law. The judgment therefore becomes void without appeal. 2There are, however, certain cases which must be excepted, and in which we may be compelled to appear before the Prætor during the seasons of harvest and vintage, namely, where the property in question will be lost by lapse of time; that is to say, where delay will deprive the party of his right of action. And, in fact, when the matter is urgent, we can be forced to appear before the Prætor, but this only can be done in order that issue may be joined; and it is so stated in the words of the aforesaid Address, for, after issue has been joined, if either of the parties refuses to proceed, the Address grants him delay.

2The Same, On the Edict, Book V. The Divine Marcus in the same Address delivered before the Senate, states that there are other cases in which application may be made to the Prætor on holidays, as, for instance, for the appointment of guardians and curators; to admonish persons as to their duties; to hear excuses; to arrange for support; to prove age; to make provision for the possession for unborn children; for the preservation of property for the benefit of either legatees or the beneficiaries of trusts; or where security should be given against unlawful damage; or for the production of wills; or that a curator may be appointed for the property of one who is uncertain whether he will have an heir or not; or for the support of children, parents, or patrons; or for an entry upon an estate which is suspected of being insolvent; or for the examination of an atrocious injury; or for the bestowal of freedom granted under a trust.

3The Same, On the Edict, Book II. It is also customary to dispense justice during the season of harvest and vintage in cases where the property is liable to be lost either by time or by death, as for example, in actions for theft, ordinary injury, atrocious injury, and where parties are said to have been guilty of robbery during a fire, the destruction of a house, shipwreck, or the seizure of a boat or a ship and other cases of this kind. The same rule applies where the property may be lost through the lapse of time, or the term within which suit can be brought is about to expire. 1Proceedings relating to freedom can be concluded at all times. 2Justice can also be dispensed at all times in the case of a person who accepts something contrary to the public welfare under pretence of the right of holding a market.

4Paulus, On the Edict, Book I. The Governors of provinces ordinarily fix the time of harvest and vintage according to the custom of the neighborhood.

5Ulpianus, On the Edict, Book LXXII. Magistrates are not accustomed to administer justice, or to exercise their authority at all on the day before the Kalends of January.

6The Same, On the Edict, Book LXXVII. When judgment is rendered on a holiday, it is provided by law that it shall not be valid except by the consent of the parties; and where judgment is rendered otherwise, in opposition to this rule, no one is obliged to comply with it, or make any payment; nor can any official to whom application has been made under such circumstances compel the party to obey his judgment.

7The Same, On the Office of Consul, Book I. It is stated in the Address of the Divine Marcus that delay for the production of instruments cannot be granted more than once; but, for the benefit of litigants, where proper cause is shown, a delay can be obtained a second time in the same, or in a different province, according to the rules observed in different localities, and especially where anything unexpected arises. It must be ascertained if the deceased had obtained any delay for the production of documents, and whether this should also be granted to his successor; or, indeed, as it has been granted once, whether it cannot be granted a second time? The better opinion is that it ought to be granted where proper cause is shown.

8Paulus, On Sabinus, Book XIII. In accordance with the Roman custom, the day begins at midnight, and ends in the middle of the following night; therefore, whatever is done during these twenty-four hours (that is to say during the two halves of the night and the intervening day) is held to have been done during any hour of daylight.

9Ulpianus, On the Office of Proconsul, Book VII. The Divine Trajan stated in a Rescript to Minicius Natalus that holidays only cause suspension of judicial business, and that those matters which relate to military discipline can also be transacted on holidays. This also includes the examination of persons who are in prison.

10Paulus, Sentences, Book V. In pecuniary actions, delay cannot be granted more than once in each case, but in capital cases three continuances may be granted to the defendant, and two to the accuser; but in both instances proper cause must be shown.