Gaius, On the Provincial Edict, Book V. The term “to give a surety” is derived from the same origin as to furnish security, for as “to satisfy” is said of him whose wish we comply with, so “to give security” has reference to our adversary when he provides for what is desired by us, and when under this name we make him secure by giving sureties.

Gaius, On the Provincial Edict, Book V. Where an arbiter is appointed for the examination of sureties and his award appears to be unjust to either party, an appeal can be taken from it, just as it can be done from the decision of a judge.

Ad Dig. 4,8,6ROHGE, Bd. 7 (1873), S. 331: Gegenstand des Schiedsvertrages können auch künftige Rechtsverhältnisse sein. Bezeichnung der Person der Schiedsrichter.Gaius, On the Provincial Edict, Book V. Moreover, the son of a family can also be appointed arbiter in a matter in which his father is interested; and it is held by many that he can also be a judge.

Gaius, On the Provincial Edict, Book V. Because one arbiter cannot amend his decision even if he committed an error in rendering it.

Gaius, On the Provincial Edict, Book V. Where a ward makes an agreement for arbitration without the consent of his guardian, the arbiter is not compelled to render a decision, because, if it is rendered, the ward will not be liable for the penalty, unless he has furnished a surety from whom the penalty can be collected by an action; and this was also the opinion of Julianus.

Gaius, On the Provincial Edict, Book V. Just as an innkeeper is liable for the acts of travellers.

Gaius, On the Provincial Edict, Book V. Ad Dig. 4,9,5 pr.ROHGE, Bd. 17 (1875), Nr. 12, S. 40: Haftung des Gastwirths für die Sachen eines Reisenden ohne Rücksicht auf die Dauer und Bezahlung der Beherbergung.The owner of a ship, an inn-keeper, and the proprietor of a stable, receive pay, but not for the safe-keeping of property; the ship-owner receives it for the transportation of passengers; the inn-keeper for permitting the travellers to remain in his inn; the proprietor of a stable for allowing beasts of burden to be housed in his barn; nevertheless, they are all liable for the safe-keeping of property. A fuller, or a shoemaker receives pay, not for the safe-keeping of property, but for their labor; and they are also liable to an action of hiring for safe custody. 1What we have said with reference to theft should be understood to be equally applicable to damage, for it cannot be doubted that a party who receives property for safe-keeping is considered to do so in order to protect it from theft, as well as from injury.

Gaius, On the Provincial Edict, Book V. A very important means for promptly disposing of litigation has come into use, that is to say, the religious character of an oath, by means of which controversies are decided either through the agreement of the parties themselves, or by the authority of the judge.

Gaius, On the Provincial Edict, Book V. For he can lawfully receipt for money paid, and has the right to renew an obligation.

Gaius, On the Provincial Edict, Book V. An oath also takes the place of payment.

Gaius, On the Provincial Edict, Book IV. Where anyone has promised that he will make payment, in behalf of another, he in whose behalf he made this promise will still remain bound.

Ad Dig. 19,2,40Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 401, Note 5.Gaius, On the Provincial Edict, Book V. He who receives compensation for the safe-keeping of any property is responsible for the custody of the same.

Gaius, On the Provincial Edict, Book V. Anyone can become surety for another, even if the promisor is not aware of the fact.

Ad Dig. 46,3,53ROHGE, Bd. 4 (1872), S. 217: Liberation eines Schuldners ohne dessen Wissen durch Zahlung bez. Angabe an Zahlungsstatt, Novation eines Dritten.Gaius, on the Provincial Edict, Book V. Anyone can make payment in behalf of a debtor who is ignorant of the fact, even against his consent; for it is established by the Civil Law that the condition of a person can be improved who is not aware of it, and who is also unwilling.

Gaius, On the Provincial Edict, Book V. Liberty is favored above all things.

Gaius, On the Provincial Edict, Book V. Defendants are regarded with greater favor than plaintiffs.