Modestimis, Rules, Book III. It has been established that copies of documents may be produced without the signature of the party who exhibits them.

Modestinus, Rules, Book III. But after a pledge has been restored to a debtor, there is no question that the debt can be collected, if the money had not been paid; unless it is expressly proved that the contrary was intended.

The Same, Rules, Book III. If he in whose behalf the defender appears should himself come into court before issue is joined, and ask permission to conduct the case in his own name, he ought to be heard, if proper cause be shown.

Modestinus, Rules, Book III. A party is not held to have accepted a certain judge who asks his adversary to state the nature of his case before that judge.

Modestinus, Rules, Book III. Suit can be brought for the recovery of money only against those to whom the money has been in some way paid, and not against those whom the payment benefits.

Modestinus, Rules, Book III. There is no doubt that a partnership can be formed by delivery of the property, verbally, and by means of a messenger. 1Partnerships are dissolved by renunciation, by death, by the forfeiture of civil rights, and by poverty.

The Same, Rules, Book III. A creditor can legally lease lands hypothecated to him by way of pledge. 1The obligation of pledge can also legally be contracted between parties who are absent.

Modestinus, Rules, Book III. The evidence of a slave must be believed when there is no other way of ascertaining the truth.

The Same, Rules, Book III. Ad Dig. 44,7,53 pr.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 326, Note 9.Several offences committed with reference to one and the same thing give rise to different actions; but it is established that all of them cannot be employed, and if several causes of action arise from one obligation, one alone, and not all, should be made use of. 1When we make the general statement in an obligation, “Or for the benefit of him to whom the property shall belong,” we include not only persons who have been arrogated, but also others who may succeed to us by any other right.

The Same, Rules, Book III. Where there are two joint-debtors, and a surety is given by one or both of them, he can properly be accepted for the whole amount of the debt.

Modestinus, Rules, Book III. Whatever is collected from the debtor as a penalty should enure to the benefit of the creditor.

Modestinus, Rules, Book III. It was formerly held that those who are taken by the enemy, or who surrender to him, were entitled to the right of postliminium, after their return. But is he who surrendered to the enemy, and after his return is not received by us, a Roman citizen? This was decided differently by Brutus and Scævola. The result is that he cannot recover his citizenship.

The Same, Rules, Book III. A citizen who has already been appointed to a public employment cannot abandon his residence until he has discharged the duties of his office.

Modestinus, Rules, Book III. Where permission to hold a market has been obtained from the Emperor, and the person accorded the privilege does not make use of it for ten years, he will lose it.