De administratione rerum ad civitates pertinentium
(Concerning the administration of property belonging to cities.)
1 Ulpianus libro decimo disputationum. Quod ad certam speciem civitatis relinquitur, in alios usus convertere non licet.
1 Ulpianus, Disputations, Book X. Anything which has been left to a city for a special purpose cannot be converted to other uses.
2 Idem libro tertio opinionum. Non utique de exemplo posterioris locationis praeteritarum conductionum, quae suam legem habuerunt, rationem iniri oportet. 1Quod quis suo nomine exercere prohibetur, id nec per subiectam personam agere debet. et ideo si decurio subiectis aliorum nominibus praedia publica colat, quae decurionibus conducere non licet, secundum legem usurpata revocentur. 2Quod de frumentaria ratione in alium usum conversum est, sua causa cum incremento debito restituatur: idque etsi contra absentem pronuntiatum est, inanis est querella. ratio tamen administrationis secundum fidem acceptorum et datorum ponatur. 3Frumentariae pecuniae suo nomine debitor quam primum solvat: necessaria enim omnibus rebus publicis frumentaria pecunia moram solutionis accipere non debet: sed debitores, quos ex eadem causa habet, ad solutionem per praesidem provinciae compellantur. 4Ad frumenti comparationem pecuniam datam restitui civitati, non compensari in erogata debet. sin autem frumentaria pecunia in alios usus, quam quibus destinata est, conversa fuerit, veluti in opus balneorum publicorum, licet ex bona fide datum probatur, compensari quidem frumentariae pecuniae non oportet, solvi autem a curatore rei publicae iubetur. 5Si indemnitas debiti frumentariae pecuniae cum suis usuris fit, immodicae et illicitae computationis modus non adhibetur: id est ne commodorum commoda et usurae usurarum incrementum faciant. 6Grani aestimationem per iniuriam post emptionem ablati, quae rationibus publicis refertur, curator rei publicae domino restitui iubeat. 7Si eo tempore, quo nominatus est, idoneus, postea lapsus facultatibus damnum debitis rei publicae dederit: quia fortuitos casus nullum humanum consilium providere potest, creator hoc nomine nihil praestare debet. 8Ius rei publicae pacto mutari non potest, quo minus magistratus collegae quoque nomine conveniantur in his speciebus, in quibus id fieri iure permissum est. 9Actio autem, quae propter ea in collegam decerni solet, ei qui pro altero dependit ex aequitate competit. 10Quod depensum pro collega in magistratu probabitur, solvi et ab heredibus eius praeses provinciae iubet.
2 The Same, Opinions, Book III. Conditions imposed in former leases cannot be considered to apply to subsequent ones. 1What anyone is forbidden to do in his own name he should not do through the agency of anyone else. Therefore, if a decurion rents public land (which decurions are not permitted.to do), by substituting the names of others, his act shall be revoked, as being in violation of law. 2Where anyone converts money intended for the purchase of grain to some other use, he will be required to refund the amount with interest; and a judgment rendered against him will be valid, even if he is absent; but in this case it is presumed that he has given security to render an account of his administration. 3Anyone who owes a sum of money intended for the purchase of grain must pay it at once. For, in all matters relating to the public purchase of grain, which is necessary, the payment of the money does not admit of delay; and all persons who are indebted under such circumstances can be compelled to pay by the Governor of the province. 4Funds given for the purchase of grain must be returned to the city, and cannot be expended for other purposes. If, however, money destined for the purchase of grain is converted to some other use, as, for instance, to work upon the public baths, even though it may be proved that it has been expended in good faith, still, as it can only be disbursed for the purchase of grain, he who has charge of it shall be ordered to refund it to the city. 5If money intended for the purchase of grain should be refunded to the city with interest, an unreasonable and an unlawful rate of interest ought not to be exacted, that is to say, compound interest should not be paid. 6Where, after the purchase of grain, for which the price has been paid and entered upon the public registers, it is unjustly taken from the purchaser; the Governor of the province can order the amount to be refunded to him who purchased it. 7When a man who was solvent at the time when he was appointed to office afterwards becomes insolvent, any loss sustained must be borne by the State; for no human prudence can provide against accidents, and the person who appointed him should not be liable for anything on this account. 8The rights of a city cannot be changed by an agreement entered into by magistrates and their colleagues to prevent themselves from being sued by one another, with reference to matters in which this is permitted to be done by law. 9The action, however, which can be brought against one of them for maladministration will, in accordance with equity, lie in favor of another who has become responsible for him. 10What is proved to have been expended in behalf of a colleague holding the office of magistrate, the Governor of a province shall order to be paid by the party in question, or his heirs.
3 Idem ex eodem libro. Conductore perficiendi operis punito fideiussor, qui pro eo intervenerat, idem opus exstruendum alii locaverat: nec a secundo redemptore opere perfecto usurarum praestationem heres fideiussoris recusare non debet, cum et prior causa in bonae fidei contractu in universum fideiussorem obligaverit, et posterior locatio, quia suum periculum agnovit, solidae praestationi rei publicae eum substituerit. 1Qui fideiusserint pro conductore vectigalis in universam conductionem, in usuras quoque iure conveniuntur, nisi proprie quid in persona eorum verbis obligationis expressum est. 2Sed si in locatione fundorum pro sterilitate temporis boni viri arbitratu in solvenda pensione cuiusque anni pacto comprehensum est, explorata lege conductionis fides bona sequenda est.
3 The Same, In The Same Book. Where anyone has been punished for fraud in the construction of some work, and the surety who was responsible for him contracted with another for the construction of the same work, and it still was not done, the heir of the surety cannot refuse the payment of interest; as, in the first place, the contract bound the surety in good faith for the entire amount, and under the subsequent contract, because he acknowledged his responsibility, he will be liable for the payment of any loss which may be sustained by the city. 1Persons who have become sureties for the entire amount for which a farmer of the revenue may become liable can legally be sued for the interest as well as the principal, unless something to the contrary with reference to them is set forth in the terms of the obligation. 2But where, in the leasing of lands, it was agreed that if on account of an unfavorable season, the rent need not be paid for any year during which, according to the judgment of a reliable citizen, this might be considered a proper excuse, good faith must be observed in complying with the condition of the lease.
4 Papinianus libro primo responsorum. Curatores communis officii divisa pecunia, quam omnibus in solidum publice dari placuit, periculo vice mutua non liberantur. Ulpianus: prior tamen exemplo tutorum conveniendus est is qui gessit.
4 Papinianus, Opinions, Book I. Where certain officials, who held office together, divided money among themselves which had been paid to them all in a single sum, it was decided that they could not be released from responsibility by paying the amount which each had respectively received. Ulpianus, however, who transacted the business, should be first sued, as in the case of guardians.
5 Idem ex eodem libro. Praedium publicum in quinque annos idonea cautione non exacta curator rei publicae locavit. ceteris annis colonus si reliqua traxerit et de fructibus praedii mercedesque servari non potuerint, successor qui locavit tenebitur. idem in vectigalibus non ita pridem constitutum est, scilicet ut sui temporis singuli periculum praestarent. 1In eum, qui administrationis tempore creditoribus rei publicae novatione facta pecuniam cavit, post depositum officium actionem denegari non oportet. diversa causa est eius, qui solvi constituit: similis etenim videtur ei, qui publice vendidit aut locavit. 2Filium pro patre curatore rei publicae creato cavere cogi non oportet. nec mutat, quod in eum pater emancipatum, priusquam curator constitueretur, partem bonorum suorum donationis causa contulit. 3Pro magistratu fideiussor interrogatus pignora quoque specialiter dedit. in eum casum pignora videntur data, quo recte convenitur: videlicet postquam res ab eo servari non potuerit, pro quo intercessit.
5 The Same, In The Same Book. The magistrate of a city leased public land for five years without requiring good security. The tenant, having remained a longer time than the five years, left a balance due to the Treasury, and as the proceeds of the crops of the land could not be obtained, the successor of the person who leased the land was held responsible. The same rule was long since decided not to apply to taxes, as those who farm them are only liable during their term of office. 1An action should not be refused against anyone after his retirement from office who, during his term, became responsible through novation to the creditors of the State. The case of one who agreed to pay is, however, different, for he is considered to resemble a person who either publicly sold or leased property. 2A son cannot be required to be responsible for his father, who has been created a magistrate, even if his father emancipated him before he was appointed to office, or where he has transferred to him a portion of his property as a donation. 3When a surety who appeared for a magistrate has also given pledges, the pledges are considered to have been furnished in order that suit may properly be brought; that is to say, after nothing can be recovered from him for whom he became liable.
6 Valens libro secundo fideicommissorum. Legatam municipio pecuniam in aliam rem quam defunctus voluit convertere citra principis auctoritatem non licet. et ideo si unum opus fieri iusserit, quod Falcidiae legis interventu fieri non potest, permittitur summam, quae eo nomine debetur, in id, quod maxime necessarium rei publicae videatur, convertere: sive plures summae in plura opera legantur et legis Falcidiae interventu id quod relinquitur omnium operum exstructioni non sufficit, permittitur in unum opus, quod civitas velit, erogari. sed municipio pecuniam legatam, ut ex reditu eius venatio aut spectacula edantur, senatus in eas causas erogare vetuit: et pecuniam eo legatam in id, quod maxime necessarium municipibus videatur, conferre permittitur, ut in eo munificentia eius qui legavit inscriptione notetur.
6 Valens, Trusts, Book II. Where a bequest has been left to a town, it cannot be converted to any other use than that intended by the deceased, without the authority of the Emperor; and therefore, if the deceased directed a work to be constructed with it, which cannot be done after the reservation of the fourth authorized by the Falcidian Law, it is permitted for the sum of money to be employed for whatever may appear most necessary for the benefit of the town. The rule is the same where several sums of money are bequeathed for the construction of several works, and, after the deduction under the Falcidian Law, the remainder is not sufficient for the construction of them all, for the money is allowed to be expended for any single work which the State may wish to have constructed. Where, however, money was bequeathed in order that its income may be used for hunting, or for exhibitions, the Senate forbade it to be used for such purposes, and permitted the legacy to be expended upon what was most needed by the city, and to recognize the munificence of the person who made the bequest, authorized that the fact should be commemorated by an inscription.
7 Paulus libro primo sententiarum. Decuriones pretio viliori frumentum, quod annona temporalis est patriae suae, praestare non sunt cogendi. 1Nisi ad opus novum pecunia specialiter legata sit, vetera ex hac reficienda sunt.
8 Ulpianus libro primo ad edictum praetoris. Magistratus rei publicae non dolum solummodo, sed et latam neglegentiam et hoc amplius etiam diligentiam debent.
8 Ulpianus, On the Edict of the Prætor, Book I. The magistrates of a city are not only liable for fraud, but also for gross negligence; and this is especially the case where diligence is required.
9 Paulus libro primo ad edictum praetoris. Si filius familias volente patre magistratum gesserit, Iulianus existimavit in solidum patrem teneri in id, quod eius nomine rei publicae abesset.
9 Paulus, On the Edict of the Prætor, Book I. When a son under paternal control administers the office of magistrate, with the consent of his father, Julianus held that the latter would be liable in full for whatever was lost by the city under his son’s administration.
10 Modestinus libro octavo regularum. Calculi erroris retractatio etiam post decennii aut vicennii tempora admittetur. 1Sed si gratiose expunctae dicentur, non retractabuntur.
11 Papirius Iustus libro secundo de constitutionibus. Imperatores Antoninus et Verus rescripserunt pecuniae, quae apud curatores remansit, usuras exigendas: eius vero, quae a redemptoribus operum exigi non potest, sortis dumtaxat periculum ad curatores pertinere. 1Item rescripserunt operum periculum etiam ad heredes curatorum pertinere. 2Item rescripserunt agros rei publicae retrahere curatorem civitatis debere, licet a bona fide emptoribus possideantur, cum possint ad auctores suos recurrere.
11 Papirius Justus, On the Constitutions, Book II. The Emperors Antoninus and Verus stated in a Rescript that interest should be collected on money remaining in the hands of public officials; but that it could not be collected from contractors of public works, and that when the latter were not solvent, officials would only be liable for the principal. 1They also stated in a Rescript that even the heirs of public officials were responsible for any loss sustained with reference to public works. 2They also stated in a Rescript that it was the duty of the magistrate of a city to recover lands belonging to it, even though they were in the possession of bona fide purchasers; above all, when the latter could have recourse to the persons from whom they had obtained them.
12 Idem eodem libro. Imperatores Antoninus et Verus rescripserunt operum exactionem sine cautione non oportere committi. 1Item rescripserunt curatores, si neglegenter in distrahendis bonis se gesserint, in simplum teneri, si per fraudem, in duplum: nec ad heredes eorum poenam descendere. 2Item rescripserunt pecuniam ad annonam destinatam distractis rebus curatorem exigere debere. 3Item rescripserunt sitonas indemnes esse oportere, qui non segniter officio suo functi sunt, secundum litteras Hadriani. 4Item rescripserunt a curatore kalendarii cautionem exigi non debere, cum a praeside ex inquisitione eligatur. 5Item rescripserunt curatorem etiam nomine collegae teneri, si intervenire et prohibere eum potuit. 6Item rescripserunt nominum, quae deteriora facta sunt tempore curatoris, periculum ad ipsum pertinere: quia vero antequam curator fieret, idonea non erant, aequum videri periculum ad eum non pertinere.
12 The Same, In The Same Book. The Emperors Antoninus and Verus stated in a Rescript that contracts for the construction of public works should not be made without security being furnished. 1They also stated in a Rescript that if public officials were negligent in the sale of property, they would be liable for simple damages, but if they had been guilty of fraud, they would be liable for double damages; and that no penalty would pass to their heirs. 2They also stated in a Rescript that a magistrate, after property had been sold, should collect money intended for the purchase of provisions for the people. 3They also stated in a Rescript that officers charged with the purchase of grain would, according to an Epistle of Hadrian, be exempt from liability where they had properly discharged the duties of their office. 4They also stated in a Rescript that security should not be required of the official having charge of the accounts of a municipality, as he had been selected by the Governor after investigation. 5They also stated in. a Rescript that a magistrate will be liable on account of his colleague, if he could have prevented him from acts of maladministration and did not do so. 6They also stated in a Rescript that a magistrate would be liable when the indebtedness of his city was increased during the time of his administration. But if, before he obtained his office, the city was not able to pay its debts, it seems to be just that no responsibility should attach to him.
13 Idem libro eodem. Imperatores Antoninus et Verus rescripserunt eum, qui pecuniam publicam magistratus sui tempore et post non pauco tempore detinuerat, usuras etiam praestare debere, nisi si quid adlegare possit, qua ex causa tardius intulisset.
13 The Same, In The Same Book. The Emperors Antoninus and Verus stated in a Rescript that a magistrate who, during his term of office, and for a long time afterwards, had retained any of the public money in his possession, would be obliged to refund it with the interest, unless he could allege some good reason for not doing so.