Modestinus, Differences, Book IX. It is understood that the bequest of an usufruct to Titius “when he dies”, is void; as it has reference to the time when it must cease to belong to the party in question.

Modestinus, Differences, Book IX. There is a difference between the right to drive cattle, and the right of passage; where anyone can travel either on foot, or on horseback, the latter right exists; but where he can drive a herd of cattle, or take a vehicle, the former right is implied.

Modestinus, Differences, Book IX. Where mares have been left in trust, their foals are also due after the heir is in default. Where a number of horses have been left, even though there be no default, their offspring belongs to the increase of the drove.

Modestinus, Differences, Book IX. Certain authorities very properly hold that where slaves are bequeathed, female slaves are included, as the common name of “slaves” includes both sexes. No one, however, has any doubt that where female slaves are bequeathed, male slaves are not included. Where children, who are slaves, are bequeathed, girl slaves are included. It must be said that it is not the case, where girl slaves are bequeathed, for boy slaves to be included. 1Where female slaves are bequeathed, virgins are also included, just as where male slaves are bequeathed boys are also included. 2When droves of cattle are bequeathed, oxen and other beasts of burden are included. 3When a herd is bequeathed, it is held that oxen are included, but not flocks of sheep and goats. 4When sheep are bequeathed, certain authorities very properly hold that neither lambs nor rams are included. 5There is no doubt, however, that rams and lambs are included in the bequest of a flock of sheep.

Modestinus, Differences, Book IX. The Laws of the Twelve Tables are held to permit slaves, who are to be free conditionally, to be sold. In making the sale, rigorous conditions should, however, hot be imposed; for example, that the slave should not serve in a certain country, or should never be manumitted.

Modestinus, Differences, Book VI. Some authorities think that a distinction exists between fornication and adultery, because adultery is committed with a married woman, and fornication with a widow. The Julian Law on Adultery, however, uses this term indiscriminately. 1A divorce is said to take place between husband and wife, but repudiation is considered to apply only to the wife, because it not improperly has reference to her personally. 2It is true that a disease means a temporary weakness of the body, but a defect is a perpetual corporeal hindrance; as, for instance, where one is purblind, and therefore a one-eyed man is defective. 3Some legal authorities hold that when slaves are bequeathed, female slaves are also included, as the term is common to both sexes.