Ad Sabinum libri
Ex libro XIII
Dig. 1,18,3Paulus libro tertio decimo ad Sabinum. Praeses provinciae in suae provinciae homines tantum imperium habet, et hoc dum in provincia est: nam si excesserit, privatus est. habet interdum imperium et adversus extraneos homines, si quid manu commiserint: nam et in mandatis principum est, ut curet is, qui provinciae praeest, malis hominibus provinciam purgare, nec distinguuntur unde sint.
Paulus, On Sabinus, Book XIII. The Governor of a province has authority only over the inhabitants of his province; and this only as long as he remains therein, for if he departs from it, he becomes a private person. He sometimes has jurisdiction over foreigners, when one actually commits an offence; for it is stated in the Imperial Mandates that he who presides over a province must take care to purge it of bad characters, without any distinction as to where they come from.
Dig. 2,12,8Paulus libro tertio decimo ad Sabinum. More Romano dies a media nocte incipit et sequentis noctis media parte finitur. itaque quidquid in his viginti quattuor horis, id est duabus dimidiatis noctibus et luce media, actum est, perinde est, quasi quavis hora lucis actum esset.
Paulus, On Sabinus, Book XIII. In accordance with the Roman custom, the day begins at midnight, and ends in the middle of the following night; therefore, whatever is done during these twenty-four hours (that is to say during the two halves of the night and the intervening day) is held to have been done during any hour of daylight.
Dig. 5,1,58Paulus libro tertio decimo ad Sabinum. Iudicium solvitur vetante eo qui iudicare iusserat, vel etiam eo qui maius imperium in eadem iurisdictione habet, vel etiam si ipse iudex eiusdem imperii esse coeperit, cuius erat qui iudicare iussit.
Paulus, On Sabinus, Book XIII. A suit is terminated where the party who applied for it to be heard forbids it to proceed; or, indeed, anyone does so who has superior authority in the same jurisdiction; or even where the judge himself is vested with authority equal to that of him who appointed him.
Dig. 6,1,69Paulus libro tertio decimo ad Sabinum. Is qui dolo fecit quo minus possideret hoc quoque nomine punitur, quod actor cavere ei non debet actiones, quas eius rei nomine habeat, se ei praestaturum.
Paulus, On Sabinus, Book XIII. Where a person has acted fraudulently in order to avoid being in possession, he can be punished in this manner, namely: the plaintiff shall not be required to give him security that he will assign to him the rights of action which he has in the case:
Dig. 6,1,71Paulus libro tertio decimo ad Sabinum. Quod si possessor quidem dolo fecit, actor vero iurare non vult, sed quanti res sit adversarium condemnari maluit, mos ei gerendus est.
Paulus, On Sabinus, Book XIII. Where a possessor has fraudulently relinquished possession, but the plaintiff is unwilling to make oath, and prefers that his adversary should be ordered to pay the real value of the property, his desire should be granted.
Dig. 12,3,2Paulus libro tertio decimo ad Sabinum. Sive nostrum quid petamus sive ad exhibendum agatur, interdum quod intersit agentis solum aestimatur, veluti cum culpa non restituentis vel non exhibentis punitur: cum vero dolus aut contumacia non restituentis vel non exhibentis, quanti in litem iuraverit actor.
Paulus, On Sabinus, Book XIII. Whether we sue for something which is ours or whether proceedings are instituted for production. Sometimes the appraisement is made only with reference to the interest of the plaintiff in the action; for instance, where the negligence of the defendant in not surrendering or producing the property is to be punished; but when the fraud or contumacy of the party who does not surrender the property or produce it is to be punished, the value must be estimated in accordance with the amount which the plaintiff swore to in court with reference to the claim.
Dig. 39,1,12Idem libro tertio decimo ad Sabinum. Ex operis novi nuntiatione si caveatur, tanti stipulatio committitur, quanti iudicatum sit.
The Same, On Sabinus, Book XIII. If security is furnished with reference to a notice to discontinue a new work, the stipulation becomes operative in accordance with the judgment rendered.
Dig. 43,1,5Idem libro tertio decimo ad Sabinum. Interdicta noxalia ea sunt, quae ob delictum eorum, quos in potestate habemus, dantur, veluti cum vi deiecerunt aut vi aut clam opus fecerunt. sed officio iudicis continetur, ut dominum sua inpensa opus restituentem absolvat: patientiam tollendo operi praestantem noxae dedere iubeat et absolvat, si non dedat, quantum impensae in tollendo opere erogatum sit, tanti condemnet: si neque patientiam praestet neque ipse tollat, cum possit, in tantum condemnet, in quantum iudex aestimaverit, atque si ipse fecisset.
The Same, On Sabinus, Book XIII. Noxal interdicts are those which are granted on account of some crime committed by persons under our control; as, for instance, where they have forcibly ejected anyone, or have erected a new work either by violence, or clandestinely. It is, however, the duty of the judge to release the owner, if he places the property in its former condition at his own expense; or if he permits the work to be removed, and directs a slave to be surrendered by way of reparation. If he does not surrender the slave, judgment must be rendered against him for the amount of expense incurred in removing the work; and if he neither suffers it to be removed, nor removes it himself, if he can do so, he shall have judgment rendered against him for an amount which the court may determine, just as if he himself has constructed the work in question.
Dig. 43,16,15Paulus libro tertio decimo ad Sabinum. Si vi me deieceris vel vi aut clam feceris, quamvis sine dolo et culpa amiseris possessionem, tamen damnandus es, quanti mea intersit, quia in eo ipso culpa tua praecessit, quod omnino vi deiecisti aut vi aut clam fecisti.
Paulus, On Sabinus, Book XIII. If you forcibly ejected me, or if you cause this to be done by violence or clandestinely, even though you may afterwards lose possession without being guilty of fraud or negligence, you will still be liable to have judgment rendered against you for the amount of my interest; because you were to blame in the first place, as you either ejected me by force, or caused this to be done by violence, or clandestinely.
Dig. 43,24,20Paulus libro tertio decimo ad Sabinum. Vi facit tam is qui prohibitus fecit quam is qui, quo minus prohibeatur, consecutus est periculo puta adversario denuntiato aut ianua puta praeclusa. 1Prohibitus autem intellegitur quolibet prohibentis actu, id est vel dicentis se prohibere vel manum opponentis lapillumve iactantis prohibendi gratia. 2Tamdiu autem vi facit prohibitus, quamdiu res in eodem statu permanebit: nam si postea convenerit cum adversario, desinit vi facere. 3Item si prohibiti heres vel is, qui ab eo emerit, ignorans causam praecedentem fecerit, dicendum esse Pomponius ait non incidere eum in interdictum. 4Quod in nave fit vel in alia qualibet re vel amplissima, mobili tamen, non continetur hoc interdicto. 5Sive in privato sive in publico opus fiat sive in loco sacro sive in religioso, interdictum competit.
Paulus, On Sabinus, Book XIII. He is considered to have acted with violence who continues the construction of a new work after having been forbidden to do so; for instance, by deterring his adversary from notifying him, or by closing a door against him. 1A man is also understood to be prevented by any kind of an act whatsoever; that is to say, by the opposition of someone speaking to him, or raising his hand against him, or throwing a stone upon the structure with the intention of forbidding him to proceed. 2Moreover, he who has been forbidden to proceed acts with violence as long as matters remain in the same condition; for if he afterwards makes an agreement with his adversary, he ceases to use violence. 3Likewise, if the work which has been prohibited is carried on by the heir, or by someone who purchased the property from him, without having knowledge of the facts, Pomponius says that it should be held that he will not be liable to the interdict. 4Any new work which is done in a ship, or with reference to any other movable property, even if it will increase its dimensions, is not included in this interdict. 5Whether the work is constructed in a private or a public place, or in one which is sacred or religious, the interdict will lie.
Dig. 43,26,14Paulus libro tertio decimo ad Sabinum. Interdictum de precariis merito introductum est, quia nulla eo nomine iuris civilis actio esset: magis enim ad donationes et beneficii causam, quam ad negotii contracti spectat precarii condicio.
Paulus, On Sabinus, Book XIII. The interdict having reference to property held by a precarious tenure was introduced with good reason, because there was no action available for this purpose under the Civil Law. For occupancy by a precarious tenure relates to donations and benefactions, rather than to contracts made in the ordinary course of business.
Dig. 46,8,19Paulus libro tertio decimo ad Sabinum. In stipulatione, qua procurator cavet ratam rem dominum habiturum, id continetur, quod intersit stipulatoris. idemque iuris est in clausulis omnibus de dolo malo.
Paulus, On Sabinus, Book XIII. Whatever may be the interest of the stipulator is included in the agreement by which an agent provides that his principal will ratify his act. The same rule applies to all the clauses having reference to fraud.