Labeo, Epitomes of Probabilities by Paulus, Book IV. If you have not harvested the crops on a tract of land belonging to another of which you are merely in possession, you are not obliged to deliver anything produced by said land. Paulus, on the other hand, asks whether the crops become the property of the possessor because he gathered them on his own account? We must understand the harvesting of crops to mean not only where they are entirely gathered, but where this has begun and has proceeded to the extent that the crops have ceased to be supported by the land; as, for instance, where olives or grapes have been gathered, but no wine or oil has been made by anyone; for in this case, he who has gathered the crops is considered, from that time, to have obtained them.

Labeo, Epitomes of Probabilities by Paulus, Book IV. Just as urban and rustic slaves are distinguished, not by the place in which they are, but by the nature of their employment, so, likewise, urban provisions and household goods should be classified according to their use in a city, and not from the mere fact of their being situated there, or elsewhere; and it makes a great deal of difference whether provisions and household goods which are in the city are bequeathed, or where they are bequeathed as belonging to the city.

Labeo, Epitomes of Probabilities by Paulus, Book IV. If anything captured in war forms part of the booty, it does not return by the right of postliminium. Paulus: But if a prisoner taken in war flees to his home, after peace has been declared, and then the war having been renewed he again is captured, he returns by the right of postliminium, to which he was entitled when taken during the first war; provided that it was not agreed in the treaty of peace that captives should be returned.

Labeo, Epitomes of Probabilities by Paulus, Book IV. A penalty is a fine, and a fine is a penalty. Paulus: Both of these statements are false; for the difference between these things is apparent from the fact that an appeal cannot be taken from a penalty, for where anyone is convicted of an offence, the penalty for it is fixed, and must be paid at once; but an appeal can be taken from a fine, for it is not due unless an appeal is not taken, or the appellant loses his case; and it is the same as if the judge had passed upon it who was authorized to do so. Hence, the difference between these things becomes apparent, because certain penalties are prescribed for certain illegal acts; but this is not the case with fines, as the judge has power to impose any fine he pleases, unless the amount which he may impose is fixed by law.