Paulus, On the Edict, Book I. A judge who administers justice beyond his jurisdiction may be disobeyed with impunity. The same rule applies if he wishes to dispense justice where the amount is beyond his jurisdiction.

Paulus, On the Edict, Book I. It is certain that a party is sufficiently punished if he does not defend his case, and keeps himself concealed, for the reason that his adversary is placed in possession of his property. But Julianus says that if he shows himself, or appears in public, he can be legally summoned.

Paulus, On the Edict, Book I. Although a man who is in his own house may sometimes be summoned to court, still, no one should be forcibly removed from his residence.

Paulus, On the Edict, Book I. Anyone who is summoned before the Prætor or any other judicial officer in any matter whatsoever, should appear, in order that it may be ascertained whether the magistrate has jurisdiction or not. 1Where anyone who has been summoned does not appear, he shall be sentenced to pay a fine in proportion to the authority of the magistrate, where proper cause exists; but allowance must be made for men’s ignorance. Again, if the plaintiff has no interest in his adversary appearing in court at that particular time, the Prætor can remit the penalty; for example, because the day was a holiday.

Paulus, On the Edict, Book I. It is provided by the Edict, “That where a surety is given that a party will appear in court, the property of the former must be ample, the position of the defendant being taken into consideration, except where the two are closely related, for then it directs that anyone can be accepted”; as, for instance, where a party is offered as surety for his parent or patron.

Paulus, On the Edict, Book I. The Governors of provinces ordinarily fix the time of harvest and vintage according to the custom of the neighborhood.

Paulus, On the Edict, Book I. If I bring an action for the recovery of an estate against a party who has possession of only that part of the same which is the subject of controversy, he will be required to surrender everything of which he subsequently obtains possession.

Paulus, On the Edict, Book I. It is the duty of the Prætor, where the plaintiff is placed in possession, to enable him to acquire ownership of the property, after he has held it for a long period of time. 1Where there are several joint-owners who should furnish security, and one of them does not do so, the plaintiff shall be placed in possession of his share. And, on the other hand, where there are several persons who desire security to be furnished them, and some have houses more valuable than the others, or where they are all owners of unequal shares of the same house, all, nevertheless, will be placed in possession on an equal footing, and not with reference to the extent of their respective ownership. 2If both the owner of the property and the usufructuary demand security against threatened injury, both of them should be heard; for the promisor does not suffer any wrong, because he will only be obliged to pay each one in proportion to the amount of his interest.

The Same, On the Principal Edict, Book I. With reference to prætorian actions, Cassius says that it must be held that such as permit the pursuit of the property may be granted after a year has expired, and the others within the year. Prætorian actions, however, which are not granted after the year has elapsed, are not available against an heir; still, any profit which he has acquired may be exacted from him, just as happens in an action on the ground of fraud, in the interdict Unde vi, and in other proceedings of this description. These include the pursuit of the property, by which we endeavor to recover anything which has been taken from our patrimony, and when we proceed against the possessor of the estate of our debtor. The Publician Action, which is granted for the purpose of recovering property, is also the same kind. Where, however, this action is granted on the ground that usucaption has been interrupted, the right is extinguished within a year, because it is granted contrary to the principles of the Civil Law. 1An action on a contract made by municipal magistrates is granted against the duumvirs and the municipality after a year has elapsed.

The Same, On the Edict, Book I. Where several persons bring a popular action at the same time, the Prætor shall select the most suitable one of them.

Paulus, On the Edict, Book I. A municipal magistrate cannot perform acts which rather belong to the Imperial jurisdiction than to his own. 1Municipal magistrates are not permitted to grant complete restitution, or to order the possession of property to be taken for the purpose of preserving it, or for the maintenance of a dowry intact, or to insure the safety of legacies.

Paulus, On the Edict, Book I. A matter of the greatest importance can be brought before municipal magistrates by consent of the parties interested.

Paulus, On the Edict of the Prætor, Book I. When a son under paternal control administers the office of magistrate, with the consent of his father, Julianus held that the latter would be liable in full for whatever was lost by the city under his son’s administration.

Paulus, On the Edict, Book I. The term “city” includes all that is surrounded by its walls; but the city of Rome is terminated by its buildings, which extend still farther. 1The greater part of the day includes the first, not the last, seven hours.

Paulus, On the Edict, Book I. Proculus says that by the term “obligation” property is meant.

Paulus, On the Edict, Book I. No one can be taken by force from his own house.

Paulus, On the Edict, Book I. Whenever a judicial inquiry is demanded, recourse must be had to the Prætor.