Julianus, Digest, Book XXII. If the heir, through malicious fraud, should relinquish his authority over said slave, and by reason of this should join issue in an action not permitting the noxal surrender of the slave, judgment should be rendered against him, just as if the slave was dead; even if the condition on which the slave was entitled to his freedom should have been fulfilled.

The Same, Digest, Book XXII. Where a slave is bequeathed as a legacy and steals the property of the future heir before the estate is entered upon; the heir can bring an action of theft against the legatee if he accepts the legacy. But where the same slave appropriates property which belongs to the estate, an action of theft will not lie, because there can be no theft of property of this description; but an action can be brought to compel him to produce the property in court.

Julianus, Digest, Book XXII. Ad Dig. 13,1,14 pr.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 361, Note 3.Where a stolen slave has been bequeathed under some condition, then, as long as the condition is pending, the heir will have a right of action for his recovery, but if the condition should be fulfilled after issue has been joined, the case must be dismissed; just as if the same slave had been directed by the testator to be free under a certain condition, and the condition was complied with after issue had been joined; for the plaintiff is no longer interested in securing the slave, and the property has ceased to be his without any fraudulent act on the part of the thief. Where judgment is rendered while the condition was pending, the judge must make an estimate of the sum the slave would have been worth if a purchaser had been found. 1In this action, however, the plaintiff is not obliged to furnish security to the party who is sued. 2Where an ox is stolen and killed, a personal action for recovery can be brought by the owner for the ox, the hide, and the flesh; that is, where the hide and the flesh have been handled in stealing, and suit to recover the horns may also be brought. Where, however, the owner obtains the value of the ox by a personal action for recovery, and afterwards brings a similar suit for any of the things above mentioned, he can undoubtedly be barred by an exception. On the other hand, if he should bring suit for the hide and recover its value, and then sue to recover the ox, and the thief tenders the value of the ox after deducting the value of the hide, the plaintiff will be barred by an exception on the ground of fraudulent intent. 3Ad Dig. 13,1,14,3Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 187, Note 3.The same rule applies where grapes are stolen, for the must and the grape-stones can be recovered by a personal action.

Julianus, Digest, Book XXII. It makes no difference whether Lucius Titius is a stranger, or the son of the patron:

Julianus, Digest, Book XXII. Services such as are promised by a freedman differ materially from those attaching to a trade or a profession; hence, if the freedman is an artisan, or a painter, as long as he is employed in this way he will be compelled to render his patron services of this kind. Therefore, just as anyone can stipulate for the performance of services relating to a trade for his own benefit, or for that of Titius, so, also, a patron can lawfully stipulate with his freedman for his services to be rendered either to himself, or to Sempronius; and the freedman will be released from his obligation by rendering his services to a stranger, just as he would be if he had performed them for his patron. 1Where there are several patrons who have designedly gone into different provinces, and have, at the same time, demanded the performance of services by a freedman, it may be said that the services are due, but that the freedman will not be bound, because it is not his fault, but that of his patrons, that the services are not performed; just as is the case where services are demanded from a freedman who is ill. Where the patrons are residents of two different towns, and each one has his domicile there, they should agree with reference to the rendition of services by the freedman; otherwise, it would be a hardship that one who can be released by working for ten days, should, because his patrons do not agree with reference to the rendition of his services, and both demand them at once, be compelled to work for five days for one of them, and to pay the other the value of the five days of labor to which he is entitled.

The Same, Digest, Book XXII. In stipulations, species and genera are differently distributed. When we stipulate for species, it is necessary for the stipulation to be so divided between owners and their heirs that a part of each article will be due to each one. Whenever we stipulate for genera, the division is made between them by number. For instance, if anyone who stipulates for Stichus and Pamphilus leaves two heirs entitled to equal portions of his estate, it is necessary for half of both Stichus and Pamphilus to be due to each of them. If the same person has stipulated for two slaves, one slave will be due to each of his heirs. 1A stipulation for services resembles those in which genera are included, and therefore a stipulation of this description is made, not with reference to the parts of the services, but to the number of those entitled to them. If a slave held in common stipulates for one kind of service, it is necessary for each of his owners to demand a part of the service in proportion to his interest in the said slave. The discharge of an obligation of this kind is very easy, if the freedman prefers to offer the appraised value of his services, or his patrons consent that his labor shall be performed for their joint benefit.

Julianus, Digest, Book XXII. There is no one who is not aware that the services of others can be promised, and that a surety can be furnished in an obligation of this kind, and therefore that nothing prevents the contract of two stipulators or two promisors from being entered into under such circumstances; as, for instance, where two joint-stipulators make an agreement for the same work to be performed by the same artisan; and, on the other hand, where two artisans, skilled in the same trade, promise to perform the same labor, and become joint-promisors.

Julianus, Digest, Book XXII. Under certain circumstances, a thief, even while the obligation of his penalty remains, again becomes liable, and can be sued several times for the theft of the same property. The first instance which occurs is when the right to possession is changed; for example, where the property again comes into the hands of the owner, and the same person steals it either from the same owner, or from him to whom he lent, or sold it. If, however, the owner is changed, he will be liable to a second penalty. 1Anyone who brings a thief before the Prefect of the Night Watch or the Governor of a Province is understood to have chosen a way by which to recover his property. If the matter is terminated there, and, by the conviction of the thief, the stolen money is recovered, the question of theft appears to be reduced to simple damages; especially if the thief was directed not only to return the stolen property, but the judge ordered something else to be done, in addition. Where, however, he was ordered to do nothing more than return the stolen property, and the judge did not render a decision for anything else against him, for the reason that the thief incurred the danger of a greater penalty, it should be understood that the question of theft has been disposed of. 2If property forming part of a peculium, after having been stolen, again comes into the possession of the slave, the defect attaching to the theft is removed, and the property in this case begins to belong to the peculium, and to be possessed by the slave. 3When, however, a slave secretly removes property belonging to his peculium, with the intention of stealing it, so long as he retains it his condition is not changed, for his master is not deprived of anything. If, however, he delivers it to another, he commits a theft. 4A person who administers a guardianship has a right to compromise with a thief, and if he remains in control of the stolen property, it ceases to be such, because the guardian occupies the place of the owner. The same thing must be said with reference to the curator of an insane person; as he occupies the place of the owner to such an extent that, even by delivering property belonging to the insane person, he is considered to alienate it. The guardian and the curator of an insane person, however, can, in their own names, bring suit for the recovery of the stolen property. 5If two of your slaves steal clothing and silver plate, and, on account of one of the slaves, an action is brought against you to recover the stolen clothing, and then, on account of the other, suit is brought against you for the recovery of the silver plate, an exception should not be granted against you, because an action has already been brought to recover the stolen clothing.

Julianus, Digest, Book XXII. The action to which a testator is entitled will lie in favor of the heirs of him against whom several slaves of the same household have committed a theft; that is to say, all of them will not recover any more than they would have done if a freeman had perpetrated the theft.