The Same, On the Office of Consul, Book I. It is stated in the Address of the Divine Marcus that delay for the production of instruments cannot be granted more than once; but, for the benefit of litigants, where proper cause is shown, a delay can be obtained a second time in the same, or in a different province, according to the rules observed in different localities, and especially where anything unexpected arises. It must be ascertained if the deceased had obtained any delay for the production of documents, and whether this should also be granted to his successor; or, indeed, as it has been granted once, whether it cannot be granted a second time? The better opinion is that it ought to be granted where proper cause is shown.

Ulpianus, On the Office of Proconsul, Book I. Where the judge appointed to render a decision within a certain time dies, and another is appointed in his stead, we understand that the same time is fixed with respect to the latter, although the magistrate did not expressly mention this when making the appointment; provided that the term prescribed by law is not exceeded.

The Same, On the Office of Proconsul, Book I. Sometimes the magistrates of the Roman people are accustomed to expressly appoint court attendants arbiters, which should be done very rarely, and only where the case is urgent.

Ulpianus, On the Office of Consul, Book I. Ad Dig. 8,2,11 pr.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 169, Note 6.Where anyone wishes to cut off his neighbors’ lights, or to do anything else which may interfere with their convenience, he must remember that he is obliged to preserve the original form and position of the building. 1Where no agreement exists between you and your neighbor as to the height of a building which you have undertaken to erect, you can have an arbiter appointed.

Ulpianus, On the Duties of Consul, Book I. Where freedom was bequeathed directly to a slave under condition of his rendering his accounts, the Divine Pius permitted the Consuls to appoint an arbiter to decide the matter in the following words, “The Consuls, having been applied to by you, shall appoint an arbiter to examine the accounts, and to decide not only what balance is due from Epaphroditus, as well as what accounts and what documents he must deliver or show to his masters, and when the judgment of the arbiter has been complied with, the freedom of Epaphroditus will no longer be interfered with.”

Ulpianus, On the Duties of Consul, Book I. If magistrates have placed anyone in possession for the purpose of executing a trust, they can appoint an arbiter for the purpose of selling any property which will become deteriorated by delay; in order that the price obtained for said property may be left in the hands of the beneficiary, by way of deposit, until it is ascertained what is due to him under the terms of the trust.

Ulpianus, On the Duties of Consul, Book I. We understand the word “investigation” to signify the right of judicial inquiry and jurisdiction. 1We should understand the neighboring, contiguous provinces to mean those which are joined to Italy, as for instance, Gaul. We should, however, include the Province of Sicily among them, as it is only separated from Italy by a narrow arm of the sea. 2It would be extremely difficult to define everything included under the term “instrument.” Instruments, properly speaking, are documents for whose production a delay should be granted; 3just as when time is asked for the production of someone who can conduct a case, for instance, a steward, although he may be in slavery, or of someone who has been appointed an agent, I think it may be held that a delay can be requested on account of the papers, in order to enable him to appear for the above-mentioned purpose.