Ulpianus, On the Edict, Book VIII. A woman is branded with infamy who is placed in possession of an estate in the name of an unborn child by fraudulently representing that she was pregnant;

Ulpianus, On the Edict, Book VIII. She also ought to be punished who deceives the Prætor, but a woman only is branded with infamy who does this while she is her own mistress.

Ulpianus, On the Edict, Book VIII. No woman becomes infamous except one who has been judicially decided “to have been placed in possession of the property through fraud”. This rule also applies to a father who permitted his daughter, while under his control, to fraudulently be placed in possession in behalf of her unborn child.

Ulpianus, On the Edict, Book VIII. Mourning should take place for parents and children of both sexes, as well as for other agnates and cognates, in accordance with the dictates of affection and the mental suffering to the extent that a person may desire; but anyone who does not mourn for them is not branded with infamy.

The Same, On the Edict, Book VIII. The son of a family can appoint an agent for the purpose of bringing an action, where it is one that he himself could bring, not only where he has property of his own, but any son of a family can do so; as for instance, having suffered an injury, he can appoint an agent to bring an action for injury, if his father is not present and no agent of his father desires to try the case, and where an agent is appointed by the son of the family himself his act will be valid. Julianus carries this still further, for he says where the son of a family has a son who is under the control of the same person that he is, and an injury is done to him through his son, and his grandfather is not present, the father can appoint an agent to prosecute for the injury which the grandson of the absent party sustained. The son of a family can also appoint an agent for the purpose of conducting the defence of a case in court. The daughter of a family can also appoint an agent for the purpose of bringing an action for injury. Valerius Severus stated, that where the daughter joins with her father in the appointment of an agent, this is superfluous, since it is sufficient for the father to make the appointment with the consent of his daughter. I am of the opinion, however, that if the father should happen to be absent, or is a man of suspicious character, (in both of which instances the daughter has a right to sue for her dowry), she can appoint an agent. The son of a family can also be appointed an agent for the purpose of bringing or defending an action. 1It is not customary for an agent to be appointed when he is unwilling. We must understand the term “unwilling” to mean not only where a party refuses, but also where he is not proved to have given his consent. 2Veteran soldiers can be appointed agents, but soldiers in active service cannot be appointed, even if the adversary consents; unless at the time that issue was joined this was overlooked through some accident, except in case the soldier was appointed in a matter in which he himself was interested; or where he appears as the representative of his company in the prosecution or defence, in which instance his appointment as agent is permitted. 3The Prætor says: “Where an agent has been appointed to defend a case, and, with his consent, his principal has agreed to pay the judgment, I will compel him to conduct the trial”. But he should not be compelled to do so under certain circumstances; as, for instance, where deadly enmity arises between the agent and the principal; as then Julianus says an action should not be permitted against the agent. The same rule applies where some high office has been conferred upon the agent, or where he is absent on business for the State;

Ulpianus, On the Edict, Book VIII. Or where he is occupied with an estate which has descended to him, or where some other good reason exists. There is all the more reason for the agent not to be compelled to take charge of the case, if his principal is present.

Ulpianus, On the Edict, Book VIII. All these things should not indiscriminately be admitted or rejected, but should be settled by the Prætor after he has ascertained the facts.

Ulpianus, On the Edict, Book VIII. If the principal should die before issue is joined, and after a stipulation has been made by him that the judgment will be paid by the agent, the latter can be compelled to take charge of the case, provided, however, the principal entered into it with the knowledge of the agent; because, otherwise, it would be contrary to the rules of law for the agent to be bound for an act of which he had no knowledge; an action can, however, be brought under the terms of the stipulation because the suit was not defended. 1Where an agent is appointed for conducting a case for the partition of property, he is also held to be appointed for the purpose of defence, and a double bond must be furnished.

Ulpianus, On the Edict, Book VIII. Where the members of a municipality, or of any association, appoint an agent to attend to their legal business, it must not be said that he shall be considered to have been appointed by several individuals, for he appears for the entire community, or association, and not for the members separately.

Ulpianus, On the Edict, Book VIII. It must be noted, as Pomponius says, that the vote of a father will be accepted for the benefit of his son and, that of a son for the benefit of his father.

Ulpianus, On the Edict, Book VIII. It is generally taken for granted that no one but the party who has control of the case can make oath with reference to the claim; for Papinianus says that no one but a party who has joined issue in his own behalf can do so.

Ulpianus, On the Edict, Book VIII. Anyone can delegate his debtor, either by writing or by a gesture, when he is unable to speak.