Celsus, Digest, Book XXV. Where anyone transacts business as a guardian while he does not occupy the office, and sells property of the ward which is not subsequently acquired by usucaption; the latter can bring suit for said property even though security may have been given to him, for the reason that the administration of the affairs of a ward by a person acting as guardian is not the same as that of a real guardian.

The Same, Digest, Book XXV. Whatever the Prætor ordered or forbade to be done he can annul by a contrary decision, or renew; but this does not apply to final decrees.

Ad Dig. 43,19,7Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 163, Note 6.Celsus, Digest, Book XXV. If anyone has passed to and fro through your land without the employment of violence, or without acting clandestinely, or under a precarious title, and still did so without any right, but with the intention of not traversing the land, if he had been forbidden; this interdict will not lie under these circumstances, for, to enable it to do so, the person referred to must possess some right in the land.

Celsus, Digest, Book XXV. If anyone cuts down any timber before it is mature, he will be liable under the interdict Quod vi aut clam. In like manner, if he cuts it down after it has matured, and the owner sustains no damage, he will not be liable for anything. 1It has been very properly stated that if you should petition a magistrate to order your adversary to appear in court, in order to prevent him from serving notice upon you not to construct a new work, you will be held to have acted clandestinely, if, in the meantime, you proceed with the work.

The Same, Digest, Book XXV. When anything is granted under a precarious tenure, and it is agreed that the grantee shall hold possession under it until the Kalends of July, will he who received it be entitled to an exception to prevent him from being deprived of possession of the property before that time? An agreement of this kind is of no force or effect, for it is not lawful for property belonging to another to be held in possession against the consent of the owner. 1Property held by a precarious tenure passes to the heir of him who granted it, but it does not pass to the heir of him who received it, because possession was given only to himself, and not to his heir.

Celsus, Digest, Book XXV. The Colony of Philippi enjoys the privileges of an Italian province.

Celsus, Digest, Book XXV. The shore of the sea is reckoned from the point reached by the greatest flow. It is said that Marcus Tullius was the first to establish this rule, when he served as arbiter in a certain case. 1When we say that land belongs to several persons, this does not merely mean that they hold it in common, but that part of it may be separately held by each one of them.

Celsus, Digest, Book XXV. Cascellius states that, in legal phraseology, we frequently make use of the singular number when we wish to indicate several things of the same kind; for we say many a man has arrived at Rome, and also that there are bad fish. Likewise, in making a stipulation, it is sufficient to refer to the heirs in the singular number, “If the case is decided in favor of me, or my heir,” and again, “Whatever concerns you or your heir,” as it is clear that if there are several heirs, they are included in a stipulation of this kind.