Gaius, On the Provincial Edict, Book VI. Where anyone brings a noxal action against one of two owners of a slave, the question arose whether he shall be obliged to give security with respect to the share of his fellow owner? Sabinus says that he is not obliged to do so because he is defending his own slave, just as if he was wholly his own property; since he is obliged to defend the entire interest, and he shall not be heard if he is prepared to defend only his own share.

Gaius, On the Provincial Edict, Book VI. An estate may belong to us either by the ancient or by the recent law; by the ancient law in accordance with the provisions of the Twelve Tables, or by a testament legally executed:

Gaius, On the Provincial Edict, Book VI. For instance, if we order some person who is under our control to accept an estate to which he has been appointed heir. Where a person becomes the heir of Titius, and he himself is the heir of Seius, it may be said that, as he is the heir of Seius, so also he can claim the estate of Titius. A party can become an heir on intestacy, as, for instance, where he is the direct heir of the deceased, or an agnate, or where he manumitted the deceased, or his father manumitted him. Persons become heirs under the new law when they have a right to an inheritance derived from decrees of the Senate, or from the Constitutions of the Emperors.

Gaius, On the Provincial Edict, Book VI. No matter how small it may be. 1Therefore, where a party is the heir to an entire estate or to a portion of the same, he alleges that the estate is his either wholly or in part, but that only is delivered to him by order of court which his adversary had possession of; that is the whole of it, if he is the heir at all, or the share of the same to which he is entitled as heir.

Gaius, On the Provincial Edict, Book VI. Or someone who stole something from the estate.

Gaius, On the Provincial Edict, Book VI. If the possessor of an estate should pay legacies with his own money, for the reason that he thought that he was the heir under the will, and anyone deprives him of the estate on the ground of intestacy—although it may be held that the possessor is damaged, because he did not provide for himself by making a stipulation that if the estate was acquired by some other person, the legacies should be returned to him—still, as it might happen that he paid the legacies at a time when there was no controversy as to the ownership of the estate, and for that reason he failed to obtain security, it is established in a case of this kind that if he loses the estate, an action for the recovery of what he paid should be granted him. But where no security was given, and such an action is granted, there is danger that he cannot recover anything on account of the poverty of the party to whom the legacy was paid; and, therefore, according to a decree of the Senate, he is entitled to relief, and can pay himself by retaining property belonging to the estate; but he must assign his rights of action to the plaintiff so that he may institute proceedings at his own risk.

Gaius, On the Provincial Edict, Book VI. Property is understood to be destroyed, when it has ceased to exist; and lost, when the title to it has been acquired by usucaption, and, on this account, it has been removed from the assets of the estate.

Gaius, On the Provincial Edict, Book VI. Julianus likewise says that “A suit for the recovery of an estate can be brought against the master, as the possessor of a right, even where the slave has not yet received the purchase-money of the property, for the reason that he has a right of action by which he can recover the money; which right of action may be acquired by any one even if he is not aware of the fact”.

Gaius, On the Provincial Edict, Book VI. Expenses are considered useful and necessary where they are incurred for the purpose of repairing buildings, or in nurseries of trees, or where damages are paid on account of slaves, since it is more advantageous to make payment than to surrender the slave; and it is clear that there must be many other causes for expenses of this kind. 1Let us examine, however, whether we cannot also have the benefit of an exception on the ground of fraud with reference to expenditures for pictures, statues, and other things purchased for pleasure, so long as we are possessors in good faith; for while it may very properly be said to a plunderer that he should not have incurred unnecessary expenses on the property of another, still, he should always have the power to remove whatever can be taken away without injury to the property itself.

Gaius, On the Provincial Edict, Book VI. If at the time when suit was brought against the possessor of the estate, he held but little property belonging to it and afterwards also obtained possession of more, he will be compelled to surrender this as well, if he loses his case, whether he obtained possession of the same before or after issue was joined. If the sureties whom he furnished are not sufficient for the amount involved, the Proconsul shall require him to furnish such as are suitable. On the other hand, if he acquires possession of less property than he had in the beginning, provided this happens without any fraud on his part, he should be discharged from liability so far as the property which he had ceased to hold is concerned. 1Julianus says that the profits obtained from property which the deceased held as pledges must also be included.

Gaius, On the Provincial Edict, Book VI. Where the same estate belongs to several persons some of whom enter upon the same, and others deliberate as to its acceptance, it is held that if those who enter bring an action to recover the estate, they should not sue for a larger share than they would have had if the others had entered upon it; nor will it be of any advantage to them if the others do not enter. But if the others do not enter, they can then bring suit for the shares of the latter, provided they are entitled to them.

Gaius, On the Provincial Edict, Book VI. And, by means of this action for the recovery of an estate, the possessor of the property obtains just as much as an heir can obtain and secure by means of the civil actions above mentioned.

Gaius, On the Provincial Edict, Book VI. (Since it is absolutely impossible to know which of them threw it down or poured it out):

Gaius, On the Provincial Edict, Book VI. Where the body of a freeman has been injured by something which has been thrown down or poured out, the judge must take into consideration the fees paid to a physician, and the other expenses incurred by the cure of the individual, as well as the value of any occupation which the party lost, or is liable to lose on account of having been disabled; but no estimate will be made of scars or of any other disfigurement, because the body of a freeman does not admit of appraisement.

Gaius, On the Provincial Edict, Book VI. The Prætor should order the action to be transferred so as to be conducted against the said former slave, but if, at the time of the trial, the freedom of the slave is still in suspense, Sabinus and Cassius are of the opinion that the heir is released from liability by giving up the slave, since he has thereby assigned all of his own rights; and this is true.

Gaius, On the Provincial Edict, Book VI. But if his adversary should afterwards come into possession of the slave, he will be liable on account of the new possession and an exception will be denied him.

Gaius, On the Provincial Edict, Book VI. The rule is the same where the new owner of the slave is made defendant in the suit.

Gaius, On the Provincial Edict, Book VI. Where a noxal action is brought with reference to a slave who is held by way of pledge, or with reference to one in whom another party has the usufruct; we must remember that if either the creditor or the usufructuary is present and is unwilling to undertake the defence, the Proconsul must intervene, and refuse the sale of the pledge or an action to be brought for the usufruct. In this instance it may be said that the pledge is released by operation of law, since that is no pledge upon which the money cannot be collected by suit; but an usufruct remains as a matter of right, even though an action to recover it may be refused, until the time established by law has elapsed, and it is lost by non-user. 1From what we have stated with reference to a slave who was held by anyone in pledge, or a slave who is to be free upon a certain condition, or one in whom another party has an usufruct; it is evident that where a defendant states in court that his slave in reality belongs to another; then, even though he is liable to a noxal action, he cannot, nevertheless, be free from liability by operation of law through the surrender of the slave by way of reparation; for as the party is not the owner he cannot transfer the ownership to the plaintiff. It is, however, certain, that where a slave has been delivered for this reason, and his owner afterwards brings suit to recover him, but does not tender the damages assessed in the case; he can be opposed by an exception on the ground of malicious fraud.

Gaius, On the Provincial Edict, Book VI. Not only can a person who has not the slave in his power refuse to answer in a noxal action, but he is also free to avoid the action even when he has him in his power, if he leaves the person undefended; but in this instance he must transfer his right to the plaintiff, just as if judgment had been rendered against him.

Gaius, On the Provincial Edict, Book VI. The mind of a slave is corrupted if he is persuaded to treat his master with contempt.

Gaius, On the Provincial Edict, Book VI. A possessor who tenders the appraised value of the property in court begins to possess it as a purchaser.

Gaius, On the Provincial Edict, Book VI. The term “inheritance” means nothing else than the right to succeed to everything which the deceased possessed.