1Paulus, On the Edict, Book XXIV. Where security is given that the property of a ward shall be safe, proceedings can be instituted under this stipulation whenever the action on guardianship can be brought.

2Ulpianus, On the Edict, Book LXXIX. If a minor is absent, or cannot speak for himself, his slave can stipulate for him. If he has no slave, one should be bought for him. When, however, there is nothing with which to buy one, or it is not I expedient to do so, we hold that a public slave can certainly stipulate in the presence of the Prætor.

3The Same, On the Edict, Book XXXV. Or the Prætor can appoint someone to whom security can be given.

4The Same, On the Edict, Book LXXIX. Such a slave does not acquire for the minor by operation of law, for he does not acquire; but a prætorian action based on the stipulation may be granted to the minor. 1A guarantee, however, is given to the minor under this stipulation, by means of the security. 2It should be remembered that not only the guardian is bound by this stipulation, but also he who transacts the business in the place of the guardian, as well as their sureties. 3He, however, who has not transacted the business will not be liable, for an action on guardianship cannot be brought against one who has not administered it; but he should be sued in a prætorian action, because he withdrew at his own risk, and still, neither he himself nor his sureties, will be liable in a suit based on the stipulation. Therefore, he should be compelled to undertake the management of the trust, in order that he may be rendered liable under the stipulation. 4It is decided that this stipulation becomes operative when the guardianship terminates, and that then the sureties begin to be liable. The rule is different with reference to a curator. It is also different where someone has transacted the business in the place of a guardian. Therefore, stipulations of this kind, where there is a guardian, become operative when the guardianship comes to an end, but where anyone acting as a guardian has administered the trust, it is proper to hold that as soon as the estate begins to be insecure the stipulation will become operative. 5When a guardian is captured by the enemy, let us see whether the stipulation will become operative. A difficulty arises in this case, because the guardianship is terminated, although there is a prospect that it may be renewed. I think that the action can be brought. 6Generally speaking, it should be remembered that, for whatever reasons we have stated that an action on guardianship cannot be brought, it can be said for the same reasons that one can be brought under the terms of the stipulation, in order to preserve the property of the ward. 7If anyone, who has been appointed curator, should not administer the curatorship, the result will be that it must be said that the stipulation does not take effect; but, in this instance, what we stated with reference to a guardian should be repeated, with this difference, however, that the stipulation will take effect as soon as any of the property ceases to be secure, and the sureties will become liable, and the right of action will be revived. 8This stipulation has reference to all curators, whether they are appointed for children arrived at puberty, or for such as have not reached that age, or whether they have been appointed for spendthrifts, insane persons, or any others for whom this is ordinarily done.

5Paulus, On the Edict, Book LXXVI. If a son, who is under the control of an insane person, stipulates for the preservation of his property, he acquires an obligation for his father.

6Gaius, On the Provincial Edict, Book XXVII. The slave of a minor must stipulate, if the minor is absent, or cannot speak for himself. For if he is present, and can speak for himself, although he may be of such an age that he is incapable of understanding what he is doing; still, on account of the advantage resulting, it has been decided that he can legally stipulate, and act.

7Modestinus, Rules, Book VI. A testamentary guardian or curator does not demand security from his colleague, but he can give him the choice of either receiving or giving security.

8Ulpianus, On the Edict, Book II. Although a curator is appointed for certain specific purposes, a stipulation for the preservation of the property may be interposed.

9Pomponius, On Sabinus, Book XV. Where a ward stipulates with his guardian that his property shall remain secure, not only his patrimony, but also any credits, are considered to be included in the stipulation; for whatever can become the subject of an action on guardianship is embraced in this agreement.

10Africanus, Questions, Book III. If, after a ward has arrived at the age of puberty, his guardian should be in default for some time in rendering an account of his administration, it is certain that, so far as the profits and interest of the intermediate time are concerned, he, as well as his sureties, will be liable.

11Neratius, Parchments, Book IV. When security is furnished to a ward for the preservation of his property, the stipulation will become operative if anything which should be given or done on account of the guardianship is not executed. For although the property itself may be secure, it is not so where something which should be paid or done on account of the guardianship is not carried into effect.

12Ad Dig. 46,6,12ROHGE, Bd. 4 (1872), S. 325: Rechtsverhältniß mehrerer Bürgen dem Gläubiger gegenüber. Regreß eines Mitbürgen an den andern zur Hälfte, ungeachtet letzterer nur zur letzten Stelle hat haften wollen. Beneficium cedendarum actionum, divisionis, excussionis.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 443, Note 6.Papinianus, Questions, Book XII. Where several sureties have been given by a guardian to his ward, no distinction should be made, but an action can be granted against any one of them, so that the rights of action can be assigned to the one against whom suit is brought. Nor should it be thought that this is a violation of the rule of law which says that guardians shall have judgment rendered against them in proportion to the share of the estate which each has administered; and that they can only be sued for the entire amount where the property has not been cared for by the others; and where they are proved to have failed to accuse one of their number of being liable to suspicion. For the equity of the judge, as well as the duty of a good citizen, appear to have required this provision of the law. Moreover, those sureties who are civilly liable in full, when the others proceed against them, can ask that the action be divided; but when the ward brings suit, if he himself did not make the contract, and he is in the hands of his guardian, and is ignorant of everything, the benefit of dividing the action would appear to be productive of injury; as, under a single guardianship, many dissimilar questions may be presented to different judges for their decision.