Paulus, On the Edict, Book XIX. Or donations made mortis causal For the Publician Action can be brought where possession has been lost, because it is obtained in the same way as a legacy.

Paulus, On the Edict, Book XIX. Or for the purpose of paying a debt,

Paulus, On the Edict, Book XIX. Moreover, in a noxal action, where no defence was made, I can remove the slave by order of the Prætor and if, after removing him, I lose possession of him, I can avail myself of the Publician Action.

Paulus, On the Edict, Book XIX. Whether the slave purchased said property with reference to his own peculium, or not.

Paulus, On the Edict, Book XIX. Where a man presented a slave to his betrothed, and, before the title passed by usucaption, received him back by way of dowry; it was stated by the Divine Pius in a Rescript that if the parties were divorced, the slave should be returned, for a gift between two betrothed persons is valid; and therefore she, as the possessor, will be granted an exception; and if possession should have been lost, the Publician Action would be granted, whether a stranger or the donor was in possession of the property. 1Where an estate is delivered to anyone under the Trebellian Decree of the Senate, even if the party should not obtain possession of the same, he can make use of the Publician Action. 2Ad Dig. 6,2,12,2Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 182, Note 5; Bd. I, § 199, Note 11.In the case of perpetual leases and other real property which can not be acquires by usucaption, the Publician Action is available where a bona fide delivery of the land has been made. 3The same rule applies where I purchased in good faith, from a person who is not the owner, a house which carried with it the surface of the land. 4If the property is of such a nature that some law or constitution forbids its alienation, in this instance the Publician Action will not lie, because, under such circumstances, the Prætor affords no protection to anyone to prevent his breaking the law. 5We can make use of the Publician Action even in the case of an infant slave less than a year old. 6Where anyone wishes to recover a portion of some property he can avail himself of the Publician Action. 7He also can properly employ this action who has had possession only for a moment.

Paulus, On the Edict, Book XIX. If the money has not been received on joinder of issue, the others will be compelled by a partnership or by an equitable action to pay their shares to the party who has made the settlement.

Paulus, On the Edict, Book XIX. This Edict is not limited to cities and villages, but also has reference to all roads along which persons ordinarily pass. 1Labeo says that this Edict only applies where an object is thrown down in the daytime, and not at night; still, in certain places people also pass at night. 2A person who occupies the premises is also responsible for the negligence of his family. 3Where anything is thrown out of a ship, an equitable action will be granted against the party in charge of the ship.

Paulus, On the Edict, Book XIX. Or makes him extravagant or disobedient, or persuades him to indulge in debauchery.

Ad Dig. 11,3,4ROHGE, Bd. 10 (1874), S. 404: Beschädigung einer körperlichen Sache. Utilis actio ex lege Aquilia.Paulus, On the Edict, Book XIX. It is more convenient, however, to hold him liable to a prætorian action under the Lex Aquilia.

Paulus, On the Edict, Book XIX. For the estimate of former value is made for the purposes of this action;

Paulus, On the Edict, Book XIX. An heir, whose slave was corrupted, is entitled to this action, not only where the slave continues to be a portion of the estate, but also where he has ceased to be such; for instance, where he has been bequeathed.

Paulus, On the Edict, Book XIX. In this case an appraisement of the property which the slave took away with him is also included, as all the loss is doubled, and it makes no difference whether the property was brought to the defendant or to another, or was even consumed; for it is more just that the party who was the principal in the offence should be held liable, than for him to be sought for to whom the property was brought.

Paulus, On the Edict, Book XIX. For the reason that the defendant is still bound, although the property has been restored.

Paulus, On the Edict, Book XIX. So that the action for the recovery of an estate may have the same scope as this action. 1This Edict does not apply in the case of the corruption of a son or a daughter under paternal control, as the action was established for corrupting a slave who is part of our property, and it is one in which the owner can prove that he has become poorer, although the honor and reputation of his family remain unimpaired. An equitable action for damages, however, will lie for an amount to be decided by the judge, since it is for our interest not to have the minds of our children corrupted. 2Where a slave who is owned in common by yourself and me corrupts a slave who is mine individually; Sabinus says that an action cannot be brought against the joint-owner any more than if my own slave had corrupted another of my slaves. Moreover, if a slave owned in common corrupts one owned by another, it should be considered whether an action can be brought against both joint-owners, or against each separately, in the same way as other offences which are the subject of noxal actions. The better opinion is that each owner is liable for the entire amount, but if one of them pays, the other will be released. 3Where a slave in whom I have an usufruct corrupts a slave belonging to me, I have a right of action against the mere owner of the property. 4A debtor is entitled to this action on account of a slave who has been given in pledge for the debt. 5In this action the double damages are not estimated in addition to the property, for what was doubled is the loss sustained. 6The result of this is that if it is proved that you have persuaded my slave to steal something from Titius; you will not only be liable to the extent to which the slave is deteriorated, but also for what I shall be obliged to pay to Titius. 7Ad Dig. 11,3,14,7ROHGE, Bd. 15 (1875), Nr. 19, S. 48: Interesse, der dem Dritten vom Beschädigten gezahlte Betrag.Again, you will be liable to me not only if the slave caused me loss on account of your advice, but also if he caused it to a stranger as well, because I am responsible under the Lex Aquilia; but if I am liable to anyone for hiring because I leased a slave to him, and he became deteriorated through your influence, you will be liable on this account, and also under similar circumstances. 8The estimate of damages made in this action depends upon how much the value of the slave was diminished, which is the question to be decided by the judge. 9Sometimes, in fact, the slave becomes worthless, so that it is of no advantage to have such a slave. In this instance, can the party who influenced him be compelled to pay the value of the slave, and the owner still hold him and profit by this; or should the owner be compelled to surrender the slave and accept his value? The better opinion is, that the owner should have the choice as to whether he would prefer to retain the slave and receive damages equal to double the amount to which the slave was deteriorated; or to surrender the slave, if he has the power to do so, and accept his value; and if he has not power to do this, he should still accept his value, and assign to the party who solicited the slave his right of action to recover the slave at his own risk. Whatever has been stated with reference to the surrender of the slave is only applicable where the slave is alive when proceedings are instituted. But what if proceedings were instituted after the slave was manumitted? The defendant will not readily be heard by the judge, if he alleges that he manumitted him because he did not wish to have him in his house, as he desired to obtain the money as well as the freedman.

Paulus, On the Edict, Book XIX. For certain persons are accustomed to force others to play, sometimes doing this from the beginning, and sometimes, after they themselves are beaten, compelling them to remain. 1A Decree of the Senate forbids playing for money, except where the parties contend with spears, or by throwing the javelin, or in running, leaping, wrestling, or boxing, for the purpose of displaying courage and address:

Paulus, On the Edict, Book XIX. Where anything is out on the table at a banquet members of the household are permitted to gamble for it. 1If a slave, or a son subject to paternal control loses, his father or his owner are entitled to recover what he lost. Moreover, if a slave has received money, an action De peculio will be granted against his master, but not a noxal action, because it is based on business transacted; but the defendant will not be compelled to pay more than the amount included in the peculium. 2An equitable action is granted under this Edict against the head of a household or a patron, for the recovery of money lost by games with dice.

Paulus, On the Edict, Book XIX. A party waives an oath who, when he tenders it, and his adversary evinces a willingness to take it, he excuses him from doing so, being satisfied because the other party consents to be sworn. Where, however, the latter did not take it, but is afterwards ready to do so, and the plaintiff is unwilling to tender it; he is not held to have dispensed with it, for it can only be dispensed with when it is accepted.

Paulus, On the Edict, Book XIX. If I receive property in pledge from anyone who can make use of the Publician Action, because he has not the ownership of the same, the Prætor will protect me by the Servian Action to the same extent as he will the debtor by the Publician.

Paulus, On the Edict, Book XIX. Neither a slave, nor a master who is in the power of the enemy, can acquire possession through the medium of his slave.

Paulus, On the Edict, Book XIX. If anyone makes a laughing-stock of my slave or my son, even with his consent, I will still be considered to have sustained an injury; as, for instance, if he takes him to a tavern, or induces him to throw dice. This will always be the case when the person who persuades him does so with the intention of injuring me. However, evil advice may be given by one who does not know who the master is, and hence the action for corrupting a slave becomes necessary.

The Same, On the Edict, Book XIX. When two persons hold property by the same title, the possessor has the advantage. 1Those who succeed to the entire rights of anyone are considered to occupy the place of his heirs.