The Same, On the Edict, Book VIII. It is customary to obtain permission from the Emperor for a widow to marry within the time fixed by law. 1A woman can be betrothed during the time she is in mourning for her husband.

Paulus, On the Edict, Book VIII. Whether she was not actually pregnant, or whether she had conceived by another.

Paulus, On the Edict, Book VIII. Provided that the person who is appointed is known, and consents to his appointment. 1An insane person is not to be considered as absent, because he is deficient in intellect, and cannot ratify his appointment.

Paulus, On the Edict, Book VIII. And for an indefinite time.

Paulus, On the Edict, Book VIII. If, however, the principal can be compelled to do so.

Paulus, On the Edict, Book VIII. If, after an agent has been appointed, deadly enmity arises between him and his principal, he cannot be compelled to take charge of the case, nor is a stipulation entered into to defend a case violated, as the conditions are different.

Paulus, On the Edict, Book VIII. Before issue is joined, the principal has full power either to change the agent, or to take charge of the case himself.

Paulus, On the Edict, Book VIII. Or if he is prevented by a criminal or a civil action, by ill health, or by important affairs of his own;

Paulus, On the Edict, Book VIII. Or if he is connected with his adversary by marriage, or becomes his heir;

Paulus, On the Edict, Book VIII. Under such circumstances the agent ought to be changed, even at his own request.

Paulus, On the Edict, Book VIII. Unless the principal is ready to pay him.

Paulus, On the Edict, Book VIII. Where several agents have been appointed at the same time for one purpose, he who acts first takes precedence; so that he who comes after cannot act as agent in a case which the former one has brought.

Paulus, On the Edict, Book VIII. Or where the notice of a new structure is given. If he permits a slave to be removed in a noxal case he is held to defend him provided, however, that in all these instances he furnishes security that his principal will ratify his acts.

The Same, On the Edict, Book VIII. Although an agent cannot be appointed in a popular action, nevertheless, it is very properly stated that where a party brings suit with reference to a public right-of-way, and would sustain some private loss by being prevented from doing so; he can appoint an agent, as he could in a private action. With much more reason can an agent be appointed to bring suit for the violation of a tomb by a party interested. 1An agent can be appointed under the Lex Cornelia, in an action for injury; for, although the action is employed for the public welfare, it is nevertheless of a private nature. 2The obligation which usually exists between principal and agent gives rise to an action of mandate; sometimes, however, an obligation based upon mandate is not contracted; which occurs when we appoint an agent in his own behalf, and promise, under the circumstances, to comply with the judgment; for if we pay anything on account of the promise, we cannot bring suit on mandate, but on the ground of sale, if we have sold an estate; or on account of some former mandate, as is done when a surety appoints the principal debtor his agent. 3He to whom an estate has been restored under the Trebellian Decree of the Senate, can legally appoint the heir his agent. 4Likewise, the creditor in the Servian Action can legally appoint the owner of the property pledged his agent. 5Moreover, if a party makes an agreement, concerning a preexisting debt, with one of the several joint creditors, and appoints another of them to bring suit on the agreement, his right to do so cannot be denied. And where there are two joint debtors, one of them can appoint the other to defend him. 6Where there are several heirs, and a suit is brought for the partition of the estate, or one for the division of common property; it is not permissible for the same agent to be appointed by several principals, since the matter cannot be settled without adjudications and condemnations. But it is certain that it will be permitted where there are several heirs of one co-heir. 7Where a debtor remains concealed after issue has been joined, his sureties are not held to legally defend him, unless one of them defends him for the entire amount involved; or all, or several of them appoint one of their number to whom the management of the case shall be entrusted.

Paulus, On the Edict, Book VIII. It is our practice that payment cannot properly be made to the attorney in a suit; for it is absurd that it should be made before the case has been decided to one to whom the right to enforce judgment is not granted. If, however, it is given to him for the purpose of payment, he will be released after payment has been made.

Paulus, On the Edict, Book VIII. We call that a popular action which protects the rights of the party who brings it, as well as those of the people.

The Same, On the Edict, Book VIII. Where anyone is sued in a popular action, he can appoint an attorney to defend him, but he who brings the suit cannot appoint one.

Paulus, On the Edict, Book VIII. It makes no difference, so far as the result is concerned, whether anyone is not entitled to an action under the law, or whether he may be barred by an exception.