Paulus, Sentences, Book I. Assessors are, under no circumstances, permitted to transact business before a tribunal where they are councillors; but they are not forbidden to do so before another tribunal.

The Same, Sentences, Book I. No one can cite his natural parents into court, for the same reverence must be preserved for all parents.

The Same, Sentences, Book I. Where anyone has given a bond in court for the appearance of another he is obliged to produce him. Again, where he has promised in an instrument which has been recorded that he will produce the party in question, even though he may not have given a bond in court, he will, nevertheless, be forced to produce him.

Paulus, Sentences, Book I. It is customary for the Aquilian stipulation to be inserted in every contract, but it is more prudent to add to it a penal stipulation, because if the contract is rescinded, suit can be brought for the penalty under the stipulation.

Paulus, Sentences, Book I. The agent of a plaintiff who has not been appointed in his own behalf, may ask that the expenses which he has incurred during the trial be paid out of the judgment, if the principal in the action is not solvent.

Paulus, Sentences, Book I. An absent defendant can state the cause of his absence by means of an agent.

The Same, Opinions, Book I. Where the business of a ward has been transacted without the authority of his guardian, it is customary to inquire, at the time issue was joined in the case, whether the ward has become enriched by the matter on account of which suit was brought against him. 1Where anyone transacts business for another in which money is involved, he is compelled also to pay interest and assume the risk in such investments, as he himself has contracted; except where, through accidental circumstances, the debtors have lost so much of their money that at the time when issue was joined in the suit they became insolvent. 2Where a father has charge of property belonging to his emancipated son and which he has given him, he is liable to a suit on the ground of business transacted.

Paulus, Sentences, Book I. An action based on business transacted is granted to him who is interested in having a case of this kind brought. 1It makes no difference whether a party brings suit by a direct or other action, or whether suit is brought against him; (since in extraordinary proceedings where the use of formulas is not observed this distinction is superfluous), especially where both these actions have the same force and effect.

Paulus, Sentences, Book I. Or through a change of condition, or excusable error.

Paulus, On the Edict, Book I. Force is an attack of superior power which cannot be resisted.

Paulus, Sentences, Book I. Where anyone has put a person in prison for the purpose of extorting something from him, whatever is done under the circumstances is of no importance.

Paulus, Sentences, Book I. But where a minor voluntarily meddles with the business of a person who is of age, he is entitled to restitution to prevent loss from being incurred by the party who is of age; and if he refuses to do this, and he then is sued on the ground of business transacted, he will not be entitled to restitution against the action; but he may be compelled to surrender his right to complete restitution, in order to constitute the principal an agent in his own behalf, so that, by this means, he may be able to make good the loss which he suffered through the minor. 1Ad Dig. 4,4,24,1ROHGE, Bd. 6 (1872), S. 356: In integrum restitutio Minderjähriger nach gemeinem Rechte insbesondere gegen wechselrechtliche Verpflichtungen. Selbstständige Vermögensvertretung.Business transactions with minors should not, however, always be rescinded, but such matters should be based upon what is good and just, to prevent persons of this age from being subjected to great inconvenience, since, otherwise, no one would contract with them; and, to a certain extent, they would be excluded from commercial affairs. Hence the Prætor ought not to interpose his authority unless there is manifest evidence of fraud, or the parties have acted with gross negligence. 2Scævola, our master, was accustomed to say that if anyone induced by the frivolity of youth, abandoned or rejected an estate, or the possession of property, and everything remained intact, he should by all means, be heard; but if, after the estate had been sold and the business settled, he should appear and claim the money which had been obtained by a substitute, his application should be denied; and, in a case of this kind, the court should be much more careful in granting restitution to the heir of the minor. 3Where a slave, or the son of a family, has deceived a minor, the father or the owner should be ordered to make restitution of whatever has come into his hands, and whatever he did not secure possession of, should be paid out of the peculium. If satisfaction cannot be obtained from either of these sources, and the slave was guilty of fraud, he either should be scourged, or surrendered by way of reparation. Where, however, the son of a family committed fraud, judgment should be rendered against him on that ground. 4Restitution should be granted so that every one may recover his entire rights. Therefore, where restitution is granted to a party who has been cheated in the sale of land, the Prætor must order the purchaser to restore the land with the crops, and receive the price paid for the same; unless when he paid it, he was not ignorant that the vendor would squander it, as where money is lent to a person to be expended. Restitution is not so freely granted in the case of a sale, however, for the reason that the purchaser pays the vendor a debt which he is obliged to pay, as nobody is obliged to loan money; for although the contract in its origin may be of such a character that it ought to be annulled, nevertheless, if the purchase-money is required to be paid, the purchaser should not, by any means, be subjected to loss. 5No peculiar action or undertaking arises from this Edict, for all depends upon the examination by the Prætor.

Paulus, Sentences, Book I. Where a minor under twenty-five years of age lends money to the son of a family who is also a minor, the position of the one who spends the money is the better; unless he who receives it was found to be the more wealthy for this reason, at the time when issue was joined. 1Where minors have agreed with one another to submit their case to a certain judge, and have, with the consent of their guardian, stipulated to abide by his decision, they can legally ask for complete restitution against an obligation of this kind.

Paulus, Sentences, Book I. Where a minor obtains complete restitution in a matter for which he became surety, or gave a mandate, he does not release the principal debtor. 1A minor sold a female slave; if the purchaser manumitted her, the minor could not obtain complete restitution on this account, but he would be entitled to an action against the purchaser to the extent of his interest. 2Where the condition of a woman under twenty-five years of age becomes worse on account of an agreement relating to her dowry; and she made such a contract as no woman who had attained her majority would ever make, and for that reason she wished to rescind it, she should be heard.

Ad Dig. 4,6,39Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 119, Note 8.Paulus, Sentences, Book I. He who is about to be absent on public business, and has left an agent by whom he can be defended, and applies for complete restitution, shall not be heard.

Paulus, Opinions, Book I. A matter of greater importance should not be prejudiced by one of inferior moment; for the more important question attracts that which is of lesser weight.

Paulus, Sentences, Book I. A servitude for the conducting or drawing of water from any other point than the source or spring cannot be established; but at present it is customary for it to be established from any place whatsoever.

Paulus, Sentences, Book I. Custom-house officers and policemen are required to carefully retain fugitive slaves in custody after they have been caught. Municipal magistrates must also send such fugitive slaves, after they have been caught, properly guarded to the office of the Governor of the province or the Proconsul.

Paulus, Sentences, Book I. A freedman is ungrateful when he does not show proper respect for his patron, or refuses to manage his property, or undertake the guardianship of his children.

Paulus, Sentences, Book I. It is the duty of the agent of a municipality to see that houses which have fallen into ruin are rebuilt by the owners. 1Where a house has been rebuilt at the public expense, and the owner of the same refuses to pay the money disbursed for that purpose, with interest to a certain date, the town can legally sell the house.

Paulus, Decisions, Book I. Proceedings which have begun can be dismissed on the day of trial, if the parties consent, and the judge permits this to be done; provided that the matter or the suit has not been judicially terminated. 1Nothing can be done to increase or diminish penal damages after judgment has been rendered, unless this is authorized by the Emperor. 2No judgment can be rendered against minors who are not defended, and have no guardian or curator.

Paulus, Decisions, Book I. A peremptory summons issued against a warfl who is undefended, a person who is absent on business for the State, or a minor of twenty-five years of age, is of no force or effect. 1He who is summoned before a higher tribunal is not considered contumacious if he leaves the case unfinished in the lower court.

Paulus, Decisions, Book I. A concubine and her natural children are excepted from property which can be sold by creditors. 1Where the public is the creditor, it is preferred to all others whose claims are evidenced by written instruments.

Paulus, Decisions, Book I. Where anyone throws a public highway on the land of his neighbor, the Actio vise receptæ will only be granted against him to the extent of the interest of him whose property was injured thereby. 1If anyone plows up a highway, he alone shall be compelled to repair it.

Paulus, Sentences, Book I. An action in proportion to the gravity of the offence will be granted against mountebanks who carry around and exhibit serpents, when any damage results through fear of these reptiles.

The Same, Sentences, Book I. No delay should be granted in an accusation of adultery, unless to compel the appearance of the persons in court; or where the judge, induced by the circumstances of the case, permits it, after proper cause has been shown.

The Same, Sentences, Book I. And even in the cases of accusation for private and ordinary breaches of the law, all calumniators are arbitrarily punished in proportion to the gravity of the offences committed.

The Same, Sentences, Book I. He has desisted from the accusation who has spoken with his adversary with reference to the disposal of the criminal charge which he had attempted to prosecute. 1He intentionally abandons an accusation who renounces the desire and intention of bringing it. 2He is held to have desisted, who does not prosecute the defendant within the time prescribed by the Governor to prove the charge. 3Those who serve notice in writing of their intention to prosecute are ordered to substantiate their allegations by the production of the notices. 4Those are punished for false accusations who, for the purpose of injuring another, are alleged to have searched for, written, or produced in court any book or other evidence to his prejudice.

The Same, Sentences, Book I. Those who have been arrested without having any accusers, can not be tortured, unless well-grounded suspicion is attached to them.

Paulus, Sentences, Book I. It has been held that dardanarii who make use of false measures shall, for the purpose of protecting the welfare of the people with reference to food, be punished arbitrarily, according to the nature of the crime.

Paulus, Sentences, Book I. The bodies of persons who have been punished should be given to whoever requests them for the purpose of burial.

Paulus, Sentences, Book I. He is not an informer who, for the purpose of protecting his own case, furnishes information to the Treasury.

The Same, Sentences, Book I. The children of freedmen and freedwomen follow either the domicile or the origin of their paternal ancestors, and of their patrons who manumitted them. 1A widow retains the domicile of her deceased husband, as in the case of a woman rendered illustrious by her husband, but it will be changed if she should contract a second marriage. 2Freedmen become citizens of the place where they have voluntarily fixed their domicile; but, by doing so, they do not prejudice the birthright of their patron, and are required to discharge public employments in both places. 3He who was relegated to a certain locality, in the meantime, necessarily has his domicile in the place to which he was relegated. 4A Senator deprived of his rank is not restored to his original country, unless he obtains this as a special favor. 5Senators, with their sons and daughters born while their father held the office, as well as their grandsons, great-grandsons, and great-granddaughters by their sons, are deprived of the benefit of their birthright, although they still retain the municipal dignity. 6Senators who have obtained free leave of absence, that is, the power of residing where they please, retain their domicile in the City of Rome. 7Those who lend money at interest should discharge all liabilities attaching to their patrimony, even though they may not have possession.

Paulus, Opinions, Book I. Honors and offices have no reference to the order of election, but should be conferred upon those who are more worthy. 1A deaf person, who cannot hear at all, and one who is dumb and cannot speak, are excused from municipal offices but not from other public duties. 2He who is not a decurion cannot discharge the functions of a duumvir, or those pertaining to other offices, for the reason that plebeians are forbidden to perform the duties of decurions. 3A father is not considered to have consented to his son being made decurion, if he manifests opposition in the presence of the Governor, or before the Order itself, or in any other way.

Paulus, Sentences, Book I. Those who offer a sum of money in order to obtain exemption from the administration of a municipal office or employment should not be heard. 1Anyone who promises a sum of money for a municipal honor, and has begun to pay it shall be compelled to pay the entire amount, just as in the case of an unfinished public work. 2A son cannot, against his will, be compelled to become responsible for any public employment administered by his father. 3No one can be forced to undertake the defence of a municipality more than once, unless necessity requires this to be done.

The Same, Sentences, Book I. No privilege is available as an excuse to exempt persons from those employments which arise from possession, or which are patrimonial. 1Those who are charged with the measurement of grain, with a view to supplying the City of Rome, are entitled to exemption; but the same rule does not apply to the provinces. 2The furnishing of horses for posts, and the necessity of receiving strangers as guests, are requirements not imposed upon soldiers and professors of the liberal arts. 3The excuse of poverty cannot be alleged by anyone after an appeal, if, in the meantime, his property has increased in value. 4Public defenders are entitled to exemption from offices and employments for the same length of time.

Paulus, Sentences, Book I. The defence in the same case cannot, a second time, be committed to the representative of the government who previously appeared, before the prescribed time of exemption has elapsed. 1The attendants of Governors, Proconsuls, and agents of the Emperor are excused from offices or honors, and guardianships.

The Same, Sentences, Book I. An envoy cannot bring an action relating to his own property before he has performed his official duties, except in those cases which relate to the reparation of injury or the payment of damages. 1When anyone dies during his service as envoy, and before he returns to his home, the expenses which have been advanced to him at the time of his departure shall not be returned.

Paulus, Sentences, Book I. Decurions are not compelled to furnish grain to their city at a lower price than that which it is sold at the time, 1Unless the money was expressly bequeathed for the construction of a new work, or the repair of an old one.