Hermogenianus, Epitomes of Law, Book VI. Ad Dig. 21,3,3 pr.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 186, Note 16.The exception on the ground of property sold and delivered is available, not only by him to whom it was delivered, but also by his successors, as well as by a second purchaser, even if it was not delivered to him, for it is to the interest of the first purchaser that the second should not be deprived of the property by eviction. 1On the same principle, the successors of a vendor can be barred, whether they have succeeded to all his rights, or merely to that which has reference to the property involved.

Hermogenianus, Epitomes of Law, Book VI. Anyone who has made a new promise to pay, after having entered into an agreement to make a donation, can be sued in an action based on the promise, not for the entire amount, but only for what he is able to pay; for it has been settled that the cause and origin of the promise to make payment, and not the authority of the judge, must be considered. He, however, who has had judgment rendered against him on account of a donation, and an action is brought against him to enforce the judgment, can very properly ask that he only be sued to the extent of his pecuniary resources. 1Where money has been paid to Titius as a donation, under the condition that he will immediately lend it to the donor, the transfer of ownership is not prevented; and for this reason where the same money is lent to the donor, a new ownership of it is acquired. 2Persons who are dumb and deaf are not prohibited from making donations. 3When anyone desires to make a donation to you, and you intend to donate the same article to another, the donation will be perfected if the first promises, with your consent, to give it to the second; and because the first gave nothing to the second, by whom he can be sued, he can have judgment rendered against him for the entire amount, and not for as much as he is able to pay. The same rule is observed where he who is to receive the donation has delegated the donor to his creditor; for, in this instance, the creditor is merely transacting his own business.

Hermogenianus, Epitomes of Law, Book VI. The condition of a person who died more than five years previously is considered to be more honorable than at the time of his death, and no one will be prevented from claiming this for him. Therefore, even if he died in slavery, he can be proved to have been free at his decease, even after the lapse of five years.

Hermogenianus, Epitomes of Law, Book VI. An estate is often considered in law as an owner, and therefore anything that is acquired by a slave forming part of the same is considered to be acquired by it as his master. It is clear that, in matters in which the act or labor of a person is essential, nothing can be obtained for the estate by the agency of a slave; and therefore, although a slave belonging to the estate can be appointed an heir, still, as the personal order of his master is necessary to enable him to enter upon the same, we must wait until an heir appears. 1As an usufruct cannot be created without someone to enjoy it, so it cannot be acquired for an estate through the medium of a slave.

Hermogenianus, Epitomes of Law, Book VI. On the other hand, the father can, with much more propriety, be compelled by the husband of his daughter to produce her, and permit him to recover her, even if she is under paternal control.

Hermogenianus, Epitomes of Law, Book VII. A son under paternal control can acquire for his father an exception on the ground of an oath having been taken, if he swears in court that his father does not owe anything.

Hermogenianus, Epitomes of Law, Book VI. In all matters in which the Treasury is interested, prescription for twenty years is available, except in cases where a shorter time has been expressly provided by the Imperial Constitutions. 1Any accounts which have been duly assigned and cancelled cannot be produced against the person responsible for them, after twenty years, or against his heir after ten years have elapsed.

Hermogenianus, Epitomes of Law, Book VI. If a debtor delegated by an insane person whom he supposed to be of sound mind should pay the creditor of the latter, and for this reason suit should be brought against him, he can protect himself by an exception based on fraud, on the ground that the insane person profited by the transaction.

The Same, Epitomes of Law, Book VI. Just as the principal debtor is not liable unless he makes a personal promise, so likewise sureties are not bound unless they themselves agree to pay something or perform some act; for they promise without effect when they contract for the principal debtor to pay, or do something, because to promise the act of another is void.

Hermogenianus, Epitomes of Law, Book VI. Or he enters into a contract, or transacts any business whatsoever, in the name of a person who is absent.

Hermogenianus, Epitomes of Law, Book VI. Some cannot bring an accusation on. account of their poverty, such as those who have less than fifty aurei.

The Same, Epitomes of Law, Book VI. He can be accused of lese majesty by whose aid, advice, or malicious contrivance a province or a city has been delivered to the enemy.

Hermogenianus, Epitomes of Law, Book VI. Those also are punished with the penalty of forgery of wills who have accepted money for the purpose of causing litigation by means of legal assistance, or the production of witnesses; or have caused obligations to be contracted, or agreements to be made; or have formed an association; or have taken any measures to enable this to be done.

Hermogenianus, Epitomes of Law, Book VI. He will be deprived of the succession as being unworthy, who, having been appointed an heir, as a son, is declared to be supposititious, after the death of the person who is said to have been his father. 1He who knowingly attempts to defraud the Treasury is obliged to return not only the property which he acquired by fraud, but as much more. 2When anything is purchased by a Governor, a Manager of the Imperial Revenue, or anyone else in a province in which he holds office, even though this has been accomplished by the agency of some other person, he shall be punished by the annulment of the contracts, and the appraised value of the property shall be paid into the Treasury. For anyone who has charge of the affairs of a province is even forbidden to build a ship therein. 3The Treasury has always the right of pledge. 4Ad Dig. 49,14,46,4Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 350, Note 15.Anyone who pleads a set off against the Treasury must show within two months what is due to him. 5It has frequently been decided that what the Treasury owes can be set off against what is due from debtors to it, except in the case of tribute and taxes and payments for property purchased from the Treasury, as well as what is due on account of subsistence. 6He who has been accused of an offence can administer his property, and his debtor can pay him in good faith. 7Agents holding any official employment and Managers of the Imperial Revenues are forbidden to sell property without first consulting the Emperor, and if they do so, the sale will be invalid. 8A slave of the Emperor, who enters upon an estate by the order of a Manager of the Imperial Revenues, acquires the estate for the benefit of the Emperor, if the latter consents. 9Where several persons have defrauded the Treasury, it does not follow that each of them is liable in full, as in the action of theft; but all will owe a penalty of fourfold the amount, each in proportion to his individual share. It is clear that those who are solvent will be liable for those who are not.