Javolenus, On Cassius, Book XV. Where a municipal corporation is not defended by those who have charge of its affairs, and no common property exists of which possession may be obtained, payment must be made to those who bring suit for debts owing to the corporation.

Javolenus, On Cassius, Book XV. A soldier who is at home on a furlough is not held to be absent in the service of the State. 1A person who gives his services for the collection of public taxes which have been farmed out, is not absent in the service of the State.

Javolenus, On Cassius, Book XV. When a party dies after having joined issue at Rome, his heir, even though he resides beyond sea, must defend the case at Rome, because he succeeds to the place of him by whom he was appointed heir.

Javolenus, On Cassius, Book XV. Where proceedings for theft are instituted, the value of the property at the time when the theft was committed must be sworn to, without adding the words, “Or more,” because where property is worth more, it is, at all events, worth as much.

Javolenus, On Cassius, Book XV. Any claim that can be destroyed by an exception cannot be included in a set-off.

Javolenus, On Cassius, Book XV. When a person to whom an article has been lent for use steals it, an action for theft as well as one on loan can be brought against him, and if the one for theft should be brought, the right of action on loan will be extinguished; and if the one on loan is brought, an exception can be pleaded in bar of the action for theft. 1Where property is held by anyone in the capacity of heir, the possessor will not be entitled to the action for theft, although he can obtain the property by usucaption; because he who is interested in not having it stolen can bring the action for theft. This, however, seems to be the interest of the person who would suffer the injury, and not of him who would be pecuniarily benefited.

Javolenus, On Cassius, Book XV. If anyone who receives property in pledge should sell it, when no agreement had been made with reference to its sale while pledged, or if he should dispose of it before the day of sale arrives, and the debt is not paid, he renders himself liable for theft.

Javolenus, On Cassius, Book XV. Anyone who sells a field, can, nevertheless, bring an action for the cutting of trees before the sale has been concluded.

The Same, On Cassius, Book XV. Exemption and immunity from public employments conceded to the children and descendants of anyone only have reference to persons belonging to his family.

The Same, On Cassius, Book XV. No one is understood to be solvent unless he can pay everything that he owes.