Paulus, Sentences, Book V. If, however, the estate to which the Emperor is appointed heir is not solvent, after this has been learned, the Emperor must be consulted; for the wishes of an heir who has been appointed must be ascertained as to whether he will accept or reject an estate of this kind.

Paulus, Sentences, Book V. In pecuniary actions, delay cannot be granted more than once in each case, but in capital cases three continuances may be granted to the defendant, and two to the accuser; but in both instances proper cause must be shown.

Paulus, Sentences, Book V. A minor under twenty-five years of age who has failed to make some allegation, can do so by the aid of complete restitution.

The Same, Opinions, Book V. The usufructuary of any description of land, if interfered with in his enjoyment of the same, or ejected, can bring suit for the restitution of everything which was seized at the same time; but if, in the meanwhile, the usufruct should be terminated by any accident, a prætorian action will be granted for the recovery of any crops which may have been previously gathered. 1Where land, the usufruct of which is sued for, is not in the possession of the owner, an action will be granted. Therefore, if there is a dispute between two parties with reference to the ownership of the land, the usufructuary is, nevertheless, entitled to occupy the premises; and security must be given him by the possession, if his own right is disputed, “That he to whom the usufruct was bequeathed will not be prevented from enjoying the same, as long as he is engaged in establishing his title”. If, however, the right of the usufructuary himself is disputed, his usufruct will remain in abeyance; but the owner of the land must furnish him with security to return to him any of the crops which the latter may have gathered from it, or, if he refuses to do so, the usufructuary will be permitted to enjoy the property.

Paulus, Sentences, Book V. Even though the usufructuary should enjoy it in his own name;

Paulus, Sentences, Book V. Whether he uses it in order to approach our land or to leave it,

Ad Dig. 8,6,25Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 163, Note 6.Paulus, Sentences, Book V. A party is not held to use a servitude except when he believes that he is exercising a right which belongs to him; and therefore where anyone makes use of it as a highway or as a servitude belonging to another, he will not be entitled to an interdict or to any other legal proceeding.

The Same, Sentences, Book V. A creditor who knowingly accepts a son under parental control as a pledge from his father shall be sentenced to relegation.

The Same, Opinions, Book V. Where anyone is sued by the Treasury, this must be done, not by means of an extract or the copy of any written document, but on the original itself, so that the truth of the contract may be established. It is not proper that a forged document should have any force or effect in court.

The Same, Sentences, Book V. Those who testify falsely, or give conflicting evidence, or betray both sides, can be punished by competent judges.

Paulus, Sentences, Book V. It has been decided that witnesses whom an accuser brings from his own house shall not be examined.

The Same, Opinions, Book V. The Treasury cannot seize the property of anyone who publicly announces that he is going to make the Emperor his heir.

Paulus, Decisions, Book V. It is odious for anyone to appoint the Emperor his heir in order to carry on a lawsuit, for it is not proper to make use of the Imperial authority for the purpose of encouraging vexatious litigation.

Paulus, Sentences, Book V. It is dishonorable for the Emperor to claim a legacy, or the benefit of a trust under an imperfect will; for it is becoming to the majesty of so great a ruler to show obedience to the laws from whose operation he himself seems to be exempt.

Paulus, Sentences, Book III. The shares of the estates of freedmen that have lost their lives under suspicious circumstances, which are due to patrons who neglect to avenge their death, shall be forfeited to the Treasury. For all heirs, as well as those who occupy the position of heirs, are required, as a matter of duty, to avenge the death of the deceased.

Paulus, Sentences, Book V. If the heat of competition should induce a bidder desiring to obtain the farming of public revenues to raise his offer above the ordinary amount, it must be accepted, if he who makes the highest bid is ready to furnish sufficient security. 1No one can be compelled, against his consent, to lease the collection of taxes; and therefore when the time of the lease had expired, a new contract must be made. 2Farmers of the revenue, who have not made a settlement for the taxes collected by them, and who wish to enter into a new contract, shall not be permitted to do so before paying what is due under the former one. 3The debtors of the Treasury, as well as those of a city, are forbidden to contract to collect taxes, in order that their responsibilities may not be increased from another cause, unless they offer sureties who are able to satisfy their obligations. 4Where partners in collecting the revenue administer their office separately, one of them can legally petition to have the share of another who is less fitted for the place transferred to himself. 5Where anything has been unlawfully exacted, either from the public, or from private individuals, double the amount shall be paid to those who suffered the injury; anything, however, which has been extorted by violence shall be refunded together with a triple penalty, and, in addition to this, they will be liable to extraordinary prosecution; for, in the first instance, the right of private individuals, and in the second, the interest of the public demands it. 6Taxes on property on which no tax has ever been paid cannot be collected. If the indulgence of the farmer of the revenue should release property from taxation, on which it has been customary to pay, another is not forbidden to make the collection. 7It has been established that property for the use of the army is not liable to taxation. 8The Treasury is exempt from the payment of any tax. Merchants, however, who are accustomed to deal in goods purchased with funds belonging to the Treasury cannot enjoy immunity from the payment of taxes.

Paulus, Opinions, Book V. It is not permitted, under penalty of death, to sell to enemies flints used for striking fire, iron, wheat, or salt. 1Public lands, which are held under a perpetual lease, cannot be taken from the lessee by an agent of the government without the authority of the Emperor. 2If either the owner of a ship, or any of the passengers, should unlawfully bring any merchandise on board, the ship as well as the merchandise can be confiscated by the Treasury. If anything of this kind is done in the absence of the owner, by the master, the helmsman, the pilot, or any sailor, he shall be put to death, and the merchandise shall be confiscated, but the vessel must be restored to the owner. 3Prosecution for dealing in contraband merchandise also extends to the heir of the guilty party. 4The owner of property which has been confiscated is not forbidden to purchase the same either himself, or through others whom he has directed to do so. 5Persons who have profited greatly from the farming of the public revenues are compelled to take them on the same terms on which they formerly held them, if the same amount cannot be obtained from others.

Paulus, Decisions, Book V. If a father should lend money at interest in the name of his emancipated son, with the intention of giving it to him as a donation, and the son makes a stipulation with reference to said money, there is no doubt that the donation is perfected by operation of law. 1Ad Dig. 39,5,34,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 368, Note 11.If anyone should rescue a person from the hands of robbers, or enemies, and receive something from him as a reward for doing so, a donation of this kind is irrevocable, and should not be designated a reward for an eminent service rendered; as it has been decided that no limit should be fixed to an act performed for the purpose of saving life.

The Same, Opinions, Book V. He who is not required to produce proofs of his free birth should be heard, if he himself voluntarily desires to offer them. 1Magistrates who have cognizance of causes involving freedom of birth can impose penalties, to the extent of exile, against anyone who rashly and maliciously institutes proceedings. 2Guardians or curators cannot raise any question as to the condition of the wards whose guardianship and whose property they have administered. 3A husband is not prohibited from raising a question as to the condition of his wife or his freedwoman.

Paulus, Decisions, Book V. In every case judgment must be rendered in the presence of all the parties interested, otherwise it will only take effect with reference to those who are present. 1Where parties who have been repeatedly summoned neglect to defend their cause before the Treasury, they are liable to an action on judgment. This is understood to be the case where, having been notified several times, they refused to appear.

The Same, Decisions, Book V. If no defence is made for a minor, his creditors are placed in possession of his property, but provision for his maintenance until he arrives at the age of puberty should be made out of said property. 1The property of anyone who has been captured by the enemy cannot be sold for the payment of his debts until he returns.

Paulus, Decisions, Book V. Neither the walls nor the doors can be utilized for habitation, without the permission of the Emperor, on account of the danger of fire.

Paulus, Decisions, Book V. It is customary to permit pictures and statues, which will be ornamental to a city, to be set up in public places.

Paulus, Decisions, Book V. If proceedings are instituted with reference to a right of way, or the right to conduct water, security must be furnished that, as long as the plaintiff attempts to prove his right to the servitude, no obstacle will be offered to his conducting the water, or using the right of way. If, however, he denies that his adversary has any right to use the right of way, or to conduct the water, he should, without any apprehension of losing the servitude, furnish security that he will not make use of it until the case has been disposed of.

Paulus, Opinions, Book V. Where the property with reference to which the stipulation is made has different names of the same meaning, the validity of the obligation is not affected, if one party uses one name and the other another. 1If anyone should stipulate for a right of way to enable him to reach his land, and he afterwards, before the servitude is established, alienates the land or a part of the same, the stipulation will be annulled.

Paulus, Sentences, Book V. Parties who are conducting a case should not raise their voices against the judge, otherwise they will be branded with infamy.

Paulus, Sentences, Book IV. The seducers of married women, as well as other disturbers of the marital relation, even though they may be unable to consummate their crimes, are punished arbitrarily on account of the tendency of their destructive passions. 1An injury is committed against good morals, for instance, where one person throws manure upon another, or smears him with filth, or mud; or defiles water, canals, or reservoirs; or fouls anything else for the purpose of injuring the public; and upon persons of this kind it is customary to inflict the most condign punishment. 2Anyone who persuades a boy to submit to lewdness, either by leading him aside, or by corrupting his attendant, or anyone who attempts to seduce a woman or a girl, or does anything for the purpose of encouraging her in debauchery either by lending his house, or by paying her money, in order to persuade her, and the crime is accomplished, shall be punished with death, and if it is not accomplished, he shall be deported to some island. Attendants who have been corrupted shall suffer the extreme penalty.

Paulus, Sentences, Book V. Persons guilty of having violated sepulchres, and who have removed bodies or the bones, are punished with the extreme penalty if they are of low rank; those of higher rank are deported to some island; others still are either relegated, or condemned to the mines.

Paulus, Sentences, Book V. Others are excluded on account of the suspicion of calumny, for instance those who, having been suborned, have given false testimony.

Paulus, Sentences, Book V. Those who have plundered the houses of others in the city or in the country, or have broken into them, or seized them, and have done so by means of a mob and with a display of armed force, shall be punished capitally. 1By the term “arms,” is understood everything a man can make use of to cause injury. 2Those who carry arms in order to protect themselves are not considered to carry them for the purpose of killing anyone.

Paulus, Sentences, Book V. If a man after having been struck in a quarrel dies, the blow given by each of the persons assembled should be investigated.

The Same, Sentences, Book V. Those who have struck counterfeit money, but have not seemed disposed to entirely finish it, shall be released where evidence of a true repentance has been manifested. 1The accusation of having introduced a supposititious child is not barred by any prescription; and it makes no difference whether the woman alleged to have made the substitution is dead, or not.

Paulus, Sentences, Book V. Where several persons are accused of the same offence, they should be heard in such a way as to begin with the one who is the most timid, or appears to be of tender age. 1An accused person who is overwhelmed with conclusive evidence can be tortured a second time; especially if he has hardened his mind and body against the torments. 2In a case in which nothing has been proved against the defendant, torture should not be applied without due consideration; but the accuser should be urged to confirm and substantiate what he has alleged. 3Witnesses should not be tortured for the purpose of convicting them of falsehood, or to ascertain the truth; unless they are alleged to have been present when the deed was committed. 4When a judge cannot otherwise obtain reliable information concerning a family, he can torture the slaves belonging to the estate. 5No confidence should be placed in a slave who voluntarily makes charges against his master, for the safety of masters must not be left to the discretion of their slaves. 6A slave cannot be interrogated to obtain evidence against his master, by whom he has been sold, and whom for some time he served as a slave, in remembrance of his former ownership. 7A slave should not be interrogated, even if his master offers to have him put to the torture. 8It is clear that every time an inquiry is made whether slaves should be interrogated to obtain evidence against their masters, it must first be ascertained that the latter are entitled to their ownership. 9A Governor who is to take cognizance of a criminal accusation must publicly appoint a day when he will hear the prisoners, for those who are to be defended should not be oppressed by the sudden accusation of crime; although, if at any time the defendant requests it, he should not be refused permission to defend himself, and on this account, the day of the hearing, whether it has been designated or not, may be postponed. 10Prisoners can not only be heard and convicted in court, but also elsewhere.

The Same, Sentences, Book V. Where anyone has stolen any metal or money belonging to the Emperor, he shall be punished with the penalty of the mines and with exile. 1Deserters who go over to the enemy, or who reveal our plans, shall either be burned alive, or hanged on a gallows. 2Instigators of sedition and of tumult, which result in the uprising of the people, shall, in accordance with their rank, either be hanged upon a gallows, thrown to wild beasts, or deported to an island. 3Any persons who corrupt virgins that are not yet marriageable, if of low rank, shall be sentenced to the mines; if of more exalted station, shall be relegated to an island, or sent into exile. 4Anyone who cannot prove that he was purchased with his own money cannot demand his freedom; and he will besides be restored to his master under the penalty of being confined in chains; or if the master himself prefers he shall be sentenced to the mines. 5Those who administer a beverage for the purpose of producing abortion, or of causing affection, although they may not do so with malicious intent, still, because the act offers a bad example, shall, if of humble rank, be sent to the mines; or, if higher in degree, shall be relegated to an island, with the loss of a portion of their property. If a man or a woman should lose his or her life through such an act, the guilty party shall undergo the extreme penalty. 6A will which is void by law can be suppressed with impunity; for there is nothing which can be claimed under it, or can actually exist. 7Anyone who opens the will of anyone who is still living, and reads and reseals it, is liable to the penalty of the Cornelian Law; and, as a rule, persons of inferior rank are condemned to the mines, and those of superior station are deported to an island. 8If anyone should prove that the documents relating to his suit have been delivered by his attorney to his adversary, the said attorney, if of inferior rank, shall be sentenced to the mines, and if of higher station, shall be relegated for life, and deprived of half his property. 9When anyone, who holds documents deposited with him, transfers them to a third party in the absence of him who deposited them, or delivers them to the adversary of the latter, he shall either be sentenced to the mines, or deported to an island, according to his legal condition. 10Where judges are alleged to have been corrupted by money, their names are usually erased by the Governor from the records of the court; or they are sent into exile, or relegated for a term. 11The soldier who, having been given a sword, escapes from prison, is punished with death. He who deserts with one whom he was appointed to guard is liable to the same penalty. 12A soldier who has attempted to kill himself, and did not succeed, shall be punished with death, unless he committed the act through being unable to endure suffering, disease, or grief of some kind, or for some other good reason; otherwise, he should be dishonorably discharged.

The Same, Sentences, Book V. Alienation of property, either by donation or in any other way, for the purpose of defrauding the Treasury, is revoked. The same rule of law applies, even if it is not claimed, for fraud is equally punished in all cases. 1The estates of those who expire in prison, in chains, or in shackles, whether they die testate or intestate, are not taken away from their heirs. 2The estate of a person who kills himself is not acquired by the Treasury, before it has been proved that he laid violent hands on himself because of some crime which he had committed. The estate of one who killed himself on account of some serious crime which he has perpetrated is confiscated to the Treasury. If, however, he committed the act through weariness of life, or from mortification arising from indebtedness, or because of his inability to suffer illness, his heirs will not be disturbed, but will be allowed to take the succession. 3It has been decided that any grants of freedom made by a debtor for the purpose of defrauding the Treasury will be revoked. When, however, he purchases a slave from another in order to manumit him, this is not forbidden, as then he can grant him his freedom. 4Among the property which can be denounced to the Treasury are written instruments, or notes; but it is settled that such documents as have reference to the rights of private individuals should be returned to those who ask for them. 5No one can be compelled to furnish instruments or public documents against the Treasury. 6The Treasury itself furnishes copies of its documents, under the condition that he who has the right to obtain copies shall not make use of them either against the Treasury, or the State. The recipient is obliged to furnish security not to do this, and if he makes use of them contrary to the prohibition, he will lose his case. 7Whenever any business is transacted with the Treasury, permission must be obtained to introduce its documents, in order for this legally to be done; and they should be certified by the clerk. If they are introduced in any other way, he who produces them will lose his case. 8Whenever the same case is heard a second time before the Treasury, the reading of documents, the production of which had not heretofore been requested, can legally be demanded. 9He who, after having been sued by the Treasury on account of another, pays the debt, can very justly bring suit to recover the property of him for whom he made payment, under which circumstances it is customary for him to be offered special relief. 10When debtors of the Treasury request a delay for the purpose of obtaining money, it has been established that they should not be refused. The allotment of the time is left to the discretion of the court; provided that in the case of large sums, not more than three months, and in the case of small ones, not less than two, shall be granted. A longer period should be requested of the Emperor. 11When the property of the principal debtor is acquired by the Treasury, the sureties will be released, unless his solvency is questionable, and they have become responsible for the remainder of the unpaid indebtedness. 12When more than what is due has been obtained from the sale of the property of a debtor by the Treasury, the restitution of the surplus can be demanded according to justice and reason. 13A lessor can transfer nothing from the land of the Treasury, and he cannot sell cypress or olive trees if he does not substitute others for them; nor can he cut down any other fruit trees; and, after an estimate of the value of the property has been made, he can be sued for fourfold damages. 14Neither land can be rented, nor taxes farmed by minors under twenty-five years of age, to prevent them from availing themselves of the privilege of age as against the Treasury.

Paulus, Sentences, Book V. He who enlists in the army through fear of a crime of which he has already been accused must immediately be released from his oath. 1A soldier who is a disturber of the peace is punished with death.