Hermogenianus, Epitomes of Law, Book II. It is the duty of the Governors of provinces to hear all cases which either the Prefect of the City, the Prætorian Prefect, or the Consuls, Prætors, or other magistrates hear at Rome.

Hermogenianus, Epitomes of Law, Book II. A contract for partition, which has not been concluded by either delivery or stipulation, being a mere agreement without consideration, does not confer a right of action.

Hermogenianus, Epitomes of Law, Book II. Where a possessor has obtained dishonorable profits from an estate, he will be compelled to surrender them also, lest a strict construction may give him the benefit of profits not honorably acquired.

Hermogenianus, Epitomes of Law, Book II. Where, however, the will is pronounced to be forged or inofficious, without criminality on the part of him who paid the money, the said ten aurei can be recovered by an action on the ground of failure of consideration.

Hermogeniamis, Epitomes of Law, Book II. The contribution of those who saved their merchandise from shipwreck does not indemnify anyone for the loss of the vessel; for it is held that the equity of this contribution is only admitted when, by the remedy of jetsam, during the common danger, the interest of the others is consulted, and the ship is saved. 1If the mast is cut away in order that the ship with its merchandise may be freed from danger, there will be an equitable claim for contribution.

Hermogenianus, Epitomes of Law, Book II. If, however, the mandatary alleges as an excuse for not complying with the mandate the existence of illness, or the deadly enmity of his adversary.

Hermogenianus, Epitomes of Law, Book II. Or any other just cause, he should be heard.

Ad Dig. 18,1,75ROHGE, Bd. 11 (1874), Nr. 75, S. 227: Zahlung des Kaufgeldes nicht baar, sondern in Actien.Hermogenianus, Epitomes of Law, Book II. Where anyone sells a tract of land, under the condition that he himself should hold it under a lease or payment of a certain sum, or that the purchaser cannot sell it to anyone else but the vendor himself, or where gome similar provision is agreed upon; the vendor has a right to bring an action on sale to compel the purchaser to comply with his contract.

Hermogenianus, Epitomes of Law, Book II. If the vendor demands the price, after the time mentioned in the contract for its payment has elapsed, he is held to have renounced the benefit of said contract, for he cannot do otherwise and have recourse to the contract.

Hermogenianus, Epitomes of Law, Book II. The vendor of a claim which he has against a principal debtor is obliged to transfer every right of action arising out of the same, not only against the debtor himself, but also against the sureties of said claim, unless it was otherwise agreed upon. 1Ad Dig. 18,4,23,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 331, Note 4.The vendor of a claim is compelled to deliver intact to the purchaser whatever he has obtained, either by way of set-off, or through collection.

Hermogenianus, Epitomes of Law, Book II. Where the purchaser is in default to the vendor for the payment of the price, he must only pay him interest, and he will not be liable for anything that the vendor might have obtained, if there had been no delay; as, for instance, if the vendor was a merchant, and the price having been paid, he could have gained more from the sale of his merchandise than from the interest.

Hermogenianus, Epitomes of Law, Book II. Where anyone, for the purpose of deceiving the purchaser, produces a false tenant who is in collusion with him, he will be liable to an action on purchase; nor can he defend himself by stating that he assumes the responsibility for the tenant, and the rent for five years, if, by this means, he contrived more readily to conceal the fraud. 1Ad Dig. 19,1,49,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 259, Note 12.Where the principal of the price has been paid, although this has been done after default, interest on it cannot be claimed, because it is not included in the obligation, but depends upon the decision of the Court.

Hermogenianus, Epitomes of Law, Book II. Moreover, even if some stranger had kindled the fire, the lessee would be liable for the damage caused.

Hermogenianus, Epitomes of Law, Book II. And, therefore, a contract of lease when once made cannot be rescinded under the pretext that the compensation was too low, where no fraud by the opposite party can be proved.

Hermogenianus, Epitomes of Law, Book II. If it should be agreed that more or less than the price should be paid, in case of eviction, the parties must abide by this agreement. 1If, by order of court, a pledge taken to secure the execution of a judgment is sold, and it is afterwards evicted, an action on purchase will be granted against the defendant who was released by payment of the price, not for the amount of the interest of the buyer, but for the price alone and the interest on the same to be paid out of the profits, provided the buyer was not required to refund this money to him who obtained the property by eviction. 2Where a claim is formally made, the vendor can be sued, not for the recovery of the purchase-money, but to force him to defend the action. 3Ad Dig. 21,2,74,3Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 397, Note 1.Where anyone sells a claim without a guarantee, he can only be compelled to show that it exists, and not that anything can be collected on it, but he will be responsible for fraud.

Hermogenianus, Epitomes of Law, Book II. A stepfather and a stepson are not forbidden to make donations to one another on the occasion of marriage. 1Donations are permitted between husband and wife in case of divorce; for this often happens either on account of the husband entering the priesthood, or because of sterility,

Hermogenianus, Epitomes of Law, Book II. And for these reasons the marriage is dissolved with a friendly disposition. 1A donation made between husband and wife, or between patron and freedwoman, is not confirmed where a divorce takes place or marriage is not solemnized. If a donation has been made, and a divorce has taken place between the parties, it is not shared between them, where the woman is not permitted to obtain a divorce from her husband against his consent. Hence the donation is considered as if it had not been given, where a divorce occurs under such circumstances.

Hermogenianus, Epitomes of Law, Book II. Where property has been appraised, it is at the risk of the husband, even though it may have become deteriorated by the use of the wife.

Hermogenianus, Epitomes of Law, Book II. Where the property of a husband is confiscated, the wife can only be sued for the simple value of what has been unlawfully appropriated; although, in all other cases, judgment can be rendered against her for fourfold damages.

Hermogenianus, Epitomes of Law, Book II. A guardian cannot legally be appointed by a father for his natural son, to whom nothing has been left, nor can he be confirmed without an investigation. 1Where the question is asked whether a guardian is legally appointed after an examination, the following four matters should be taken into consideration, namely: whether the party who made the appointment had a right to do so; whether he who was appointed has accepted; whether the power of appointing the other party was vested in him; and whether the decree of confirmation was rendered in court.

Hermogenianus, Epitomes of Law, Book II. A woman who is next of kin on the father’s side, cannot prevent another relative in a more remote degree from obtaining the guardianship of a child who has not arrived at puberty; and therefore a paternal uncle will be the legal guardian of the son of his brother even though the latter may have left a sister. Nor can a paternal or a maternal aunt prevent a great uncle or his nephews from becoming guardians. 1A person who is deaf and dumb cannot become a legal guardian, nor can he be designated by will, or in any other manner whatsoever, so as to render his appointment valid.

Hermogenianus, Epitomes of Law, Book II. The Prætor can appoint a guardian for the transaction of business at Rome, where the minor has property in the province, as well as at Rome; and the Governor of the province can appoint one for the administration of his affairs in the province. 1Freedmen should be appointed guardians for other freedmen, but even if a freeborn man should be appointed, he will continue to be guardian, unless he can give a good reason for being excused.

Hermogenianus, Epitomes of Law, Book II. Where the property of a ward is lost through an attack of robbers, or where a banker, to whom money was entrusted by the guardian at a time when he was in high repute, cannot repay all of it, the guardian will not be held liable for anything under these circumstances.

Hermogenianus, Epitomes of Law, Book II. Persons who are transacting public business through favor of the Emperor are excused from guardianship, as well as curatorship, during the time of their administration, even though no special letters have been issued for this purpose. 1The same rule applies to those who have charge of the Prefecture of Subsistence, or command the Night Watch. 2The attendance of persons absent on public business, who are of the prescribed number, are excused from guardianships to which they may have been appointed, either while absent, or before their departure; but they cannot resign a guardianship where it has already been undertaken. 3Persons who are entitled to exemption on account of their connection with some corporate body or association to which they belong are not excused from the guardianship of their colleagues, or of their children, with the exception of those to whom this privilege is expressly granted.

Hermogenianus, Epitomes of Law, Book II. The freedman of a Senator who is administering the guardianship of the children of the latter will not be excused from other guardianships.

Hermogenianus, Epitomes of Law, Book II. The age of wine when bequeathed is established according to the custom of the testator, that is to say, how many years he considered necessary to render wine old, that is, if this was not known.

Hermogenianus, Epitomes of Laiv, Book II. As in the case of a patron, so, also, his son, his grandson, and his great-grandson who consents to the marriage of a freedwoman, loses the right to require her services; for she to whose marriage he consented ought to be entirely at the disposal of her husband. 1If, however, the marriage-to which the patron consented is void, he will not be prevented from exacting her services. 2The exaction of the services of the freed woman is not refused to her patroness, or to the daughter, granddaughter, or great-granddaughter of her patron, where any of them consented to her marriage; because it is not improper that the services of a freedwoman who was married should be rendered to them.

Hermogenianus, Epitomes of Law, Book II. When sale has been made which is, in fact, a donation, the property delivered is acquired by usucaption, as a purchase, and not as a gift.

Hermogenianus, Epitomes of Law, Book II. It is not forbidden to amend the pleadings, provided the tenor of the decision remains unchanged.

Ad Dig. 44,7,32Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 326, Note 9.Hermogenianus, Epitomes of Law, Book II. When several actions arise from one single crime, as happens when trees are said to be cut down by stealth, it was established, after many differences of opinion, that proceedings could be instituted against all the parties.

Hermogenianus, Epitomes of Law, Book II. A surety who has tendered money to a minor of twenty-five years of age, and, apprehensive of complete restitution, has sealed and deposited it in a public place, can immediately bring an action on mandate.

Hermogenianus, Epitomes of Law, Book II. A wife cannot be accused of the crime of plundering an estate, because the action of theft cannot be brought against her.

Hermogenianus, Epitomes of Law, Book II. When a case is sent to the Emperor, the Governor can hear it with the consent of the parties, if it is in his jurisdiction.

Hermogenianus, Epitomes of Law, Book II. By the term “money” not only coin is understood, but all kinds of property, whether it is attached to the soil, or is movable, and which is corporeal as well as incorporeal.