Paulus, On the Edict, Book XIV. It is customary for litigants to agree upon the day mentioned in the stipulation, and if this is not done, Pedius thinks that it is in the power of the stipulator to appoint a reasonable time to be determined by the judge. 1Where anyone offers a woman as a surety, he is not held to have given a sufficient one; nor can a soldier, or a minor under twenty-five years of age be accepted, unless these persons act as sureties for themselves; as, for instance, where they act as their own agents. Some authorities indeed, think that where dotal land is claimed by a husband, the wife can become a surety on her own account. 2Where a person who, before judgment was rendered, offered himself as surety that it would be paid, is ascertained to be a slave; the plaintiff is entitled to relief and a new bond must be executed. The same consideration must be shown to a minor under twenty-five years of age, and probably to a woman, on account of her inexperience. 3If the surety for the payment of the judgment becomes the heir of the stipulator, or the stipulator that of the surety, a new bond must be executed. 4Guardians and curators who are obliged to give security for the property of their wards, must be sent before the municipal magistrates, because the security is necessary. The same rule applies where property, the usufruct in which has been created, is to be restored to the owner; and also to the case of a legatee, who must give security that, “If he is evicted from the estate, he will restore the legacies and whatever excess he may have received, under the Falcidian Law”. The heir also has a right to be heard in a case where he is sent before a municipal magistrate for the purpose of giving security to legatees. It is clear that the heir, if through his own fault a legatee has already been placed in possession and has failed to provide security, petitions for the legatee to surrender possession, stating that he is ready to give security in a municipal town, he shall not be permitted to do so. The case is different, however, if the legatee had already been placed in possession without the negligence or fraud of the heir. 5A party is ordered to swear that he is not actuated by feelings of malevolence when he summons his adversary to a municipal town, for fear that perhaps he may have the intention of annoying him when it is possible for him to give security at Rome. Some persons, however, are excused from taking this oath, as for instance, parents and patrons. He, however, who is sent before the municipal magistrates must swear: “that he cannot give security at Rome, and that he can do so in the place where he asks to be sent, and that he does not do this for the purpose of annoying his adversary”. He cannot be compelled to swear, “that he is not able to give security elsewhere than in that place”, because if he can not obtain security at Rome and can do so in several other places, he will be forced to perjure himself. 6This permission then can be obtained when just cause seems to exist, but what course should be pursued if the party previously refused to give security in the municipal town? In this instance he ought not to obtain permission, since it was his own fault that he did not give security in the place where he now desires to go.