Gaius, On the Provincial Edict, Book VII. Where the Prætor forbids any person to appear before him, the prohibition is absolute, even if his adversary consents for this to be done.

Gaius, On the Provincial Edict, Book III. A woman who is herself deceived by a false impression, cannot be held to have been fraudulently placed in possession.

Gaius, On the Provincial Edict, Book III. Or if he alleges bad health, or a necessary journey.

Gaius, On the Provincial Edict, Book III. It is held that sometimes, even under these circumstances, an agent can be compelled to take charge of the case; as, for instance, where the principal is not present, and the plaintiff states that by further delay the property involved will be lost.

Gaius, On the Provincial Edict, Book III. Or if he has been banished, or is concealed, or subsequently becomes the enemy of the principal;

Gaius, On the Provincial Edict, Book III. Where anyone brings suit as agent in his own behalf, as, for instance, as the purchaser of an estate; ought he, on the other hand, to defend the vendor? It has been established that if the business was transacted in good faith, and not to defraud those who might wish to bring suit against the vendor, he will not be obliged to defend him.

Gaius, On the Provincial Edict, Book III. Where a party has undertaken the management of a case in his own name, and desires to appoint an agent whom the plaintiff can accept in his stead, he should be heard, if he gives security in the regular form that the judgment will be complied with. 1He who defends another in whose behalf he does not bring suit, has a right to conduct the defence with reference to one particular point. 2He who defends another is compelled to give security; for no one is understood to act as a proper defender in a suit with another party without giving security. 3It is also asked where a defender agrees to conduct a case, and the plaintiff obtains complete restitution, whether he can be compelled to take charge of the action for restitution? The better opinion is that he can be compelled to do so. 4An agent is required to render an account in good faith in matters connected with litigation, just as he is required to do in other business transactions. Therefore, whenever he obtains anything in a suit, whether he does so directly on account of the claim, or indirectly by means of it, he must surrender it in an action of mandate; so that if, by mistake, or through the erroneous decision of the judge, he obtains something that was not due, still, he must surrender it also. 5Again, on the other hand, whatever the agent pays on account of a judgment, he can recover by a counter action of mandate. He cannot, however, recover any penalty which he paid because of some unlawful act of his own. 6Equity demands that any expenses of the suit incurred in good faith by either the agent of the plaintiff, or by that of the defendant, shall be repaid to him. 7Where the transaction of business has been entrusted to two parties by the direction of another, and one of whom is a debtor of the person who appointed them, can the other legally bring suit against him? There is no doubt that he can, for he is none the less understood to be an agent, because the party against whom he brings suit is an agent also.

Gaius, On the Provincial Edict, Book III. Therefore, where such an express mandate was given, if one of them who is sued by the other alleges against the action: “that no direction was given to me to bring suit against debtors”; the plaintiff can reply: “or was given to me to bring suit against you”.

Gaius, On the Provincial Edict, Book III. All persons are not permitted indiscriminately to form corporations, associations, or similar bodies, for this is regulated by laws, Decrees of the Senate, and constitutions of the Emperors. Associations of this description are authorized, in very few instances; as, for example, the right to form corporations is permitted to those engaged as partners in the collection of public taxes, or associated together in working gold, silver, and salt mines. There are also certain guilds at Rome whose organization has been confirmed by Decrees of the Senate, and Edicts of the Emperors; as, for instance, those of bakers, and some others, as well as that of ship-owners, which also exists in the provinces. 1When persons are allowed to form associations under the title of a corporation, guild, or any other body of this kind, they are, like a municipality, entitled to have common property, a common treasure chest, and an agent or a syndic, and, as in the case of a municipality, whatever is transacted and done by him is considered to be transacted and done by all. 2Where an association has no one to defend it, the Proconsul says that he will order its common property to be taken into possession, and if, having been warned, they do not take measures to defend themselves, he will order the property to be sold. We understand that an association has no agent, or syndic, when he is absent, or prevented by illness, or is otherwise incapable of transacting business. 3Where a stranger appears to defend a society, the Proconsul permits him to do so, as happens in the case of the defence of private persons; because in this way the condition of the society is improved.

Ad Dig. 3,5,2ROHGE, Bd. 15 (1875), Nr. 73, S. 263: Verpflichtung des neg. gestor zur Herausgabe dessen, was er in Ausführung des Geschäfts erworben, an den dom. negot. Beweislast, wenn er es aus einem andern Grunde in Besitz genommen.ROHGE, Bd. 16 (1875), Nr. 82, S. 328: Ersatzanspruch aus der Tilgung bezw. Uebernahme der Schuld eines Andern.ROHGE, Bd. 22 (1878), Nr. 80, S. 341: Rechnungslegung über den Erlös einer unbefugten dramatischen Aufführung.Gaius, On the Provincial Edict, Book III. Where a person has transacted the business of someone who is absent, even though the latter may not be aware of the fact; still, whatever he expends on behalf of the other, or whatever obligation he assumes with respect to the property of the absent party, he will be entitled to a right of action for it upon that ground. Thus, in this instance, a right of action arises on both sides, which is designated an action based upon the transaction of business; and in fact, as it is proper that he who acts for another should give an account of what he has done, and have judgment rendered against him for that reason, whenever he did not transact the business as he should, or retains any property derived from said business; so, on the other hand, it is but just to reimburse him for anything which he either lost, or is about to lose on this account, if he attended to the business properly.

Gaius, On the Provincial Edict, Book III. Where anyone, while transacting the business of an estate, or that of individuals, purchases property because it is necessary, he can bring an action based on business transacted for what he expended, even though the property was destroyed; for example, where he procured grain, or wine for slaves, and it was lost by some accident, such as fire, or the fall of a house. It should, however, be understood that the said fall, or fire must have occurred without his fault; for if he should have judgment rendered against him on account of either of said accidents, it would be absurd for him to be able to recover anything on account of the property destroyed.

Gaius, On the Provincial Edict, Book III. Where anyone is interrogated as to whether he is heir, or to what portion of an estate he is entitled, or whether he has under his control anyone on whose account a noxal action is brought; he should have time for deliberation, because if he makes an incorrect statement he will be subjected to inconvenience.

Gaius, On the Provincial Edict, Book III. An action on mandate can sometimes only be granted on one side; for if the party who undertook to perform the mandate exceeds its limitations, he will not be entitled to an action on mandate, and the one who gave him the mandate will be entitled to an action against him.

Gaius, On the Provincial Edict, Book III. The curatorship of a madman or a spendthrift is, by a law of the Twelve Tables, often granted to another person than a relative, and the Prætor may confer the administration of his estate upon another; namely, where the party specified by the law appears to be unsuited for the management of the trust.

Gaius, On the Edict, Book III. A son under paternal control, like the head of a household, is bound by all kinds of titles, and suit can be brought against him on this ground, just as can be done against a person who is independent.

Gaius, On the Provincial Edict, Book III. We style him publican who leases the collection of the taxes of the Roman people. The term “public” has in many instances reference to the Roman people, for cities are in this respect considered as private individuals.

Gaius, On the Provincial Edict, Book III. A part is included in the whole.