Ad legem Iuliam et Papiam libri
Ex libro III
Paulus, On the Lex Julia et Papia, Book III. The liabilities of him who was given in adoption are transferred to the adoptive father.
Paulus, On the Lex Julia et Papia. Parties who are sent to conduct soldiers, or bring them back, or have charge of recruiting, are absent in the public service. 1This is the case also, where persons are sent for the purpose of congratulating the Emperor. 2Likewise, the Imperial Procurator, and not only he to whom is entrusted the affairs of a province, but also one who is charged with the transaction of certain business pertaining thereto, but not of all of it. Therefore, where there are several Imperial Procurators charged with different matters, they are all considered to be absent in the service of the State. 3The Prefect of Egypt is also absent in the service of the State; and also whoever, for any other reason, departs from the City on a public errand. 4The Divine Pius established the same rule with reference to the garrison of a city. 5It has been asked whether a party who is dispatched for the suppression of evil-doers, is absent in the public service, and it has been determined that he is. 6The same rule applies where a civilian joined an expedition by the command of an officer of consular rank, and was killed in battle, for relief should be granted his heir. 7A person who has repaired to Rome on business for the State, is considered to be absent in the public service. Moreover, if he should leave his own country on business for the Government, even if he has a right to pass through the city, he is absent in the service of the State. 8In like manner, where a man who is in a certain province, when he has left his home, or remains in his own province for the purpose of transacting public business, as soon as he begins to discharge his duties he is treated as a party who is absent. 9A man going to camp, as well as on his return, is absent in the service of the State; as anyone who is about to serve as a soldier must go to camp and return from it. Vivianus says that it was held by Proculus, that a soldier who is on a furlough is absent in the service of the State, while he is coming home and returning to the army, but when he is at home he is not absent.
Paulus, On the Lex Julia et Papia, Book III. Those who serve as assessors in their own province beyond the time prescribed by the Imperial Constitutions, are not understood to be absent on public business.
Paulus, On the Lex Julia et Papia, Book III. A wife cannot be recovered by her husband under the right of postliminium as a son can be recovered by his father, but only when the woman desires it, and provided that she has not married another after the prescribed time. If she should be willing, and there is no legal reason to prevent it, she will be liable to the penalties of separation.
Paulus, On the Lex Julia et Papia, Book III. Ad Dig. 50,16,132 pr.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 103, Note 12.A child dies at the age of a year who expires on the last day of the year; and the ordinary use of language shows this to be the case when it is stated “That it died before the tenth day of the kalends,” or “after the tenth day of the kalends”; for in both instances eleven days are understood. 1It is improper to say that a woman has brought forth a child, from whom, while dead, a child was removed by the Cæsarean operation.
Paulus, On the Lex Julia et Papia, Book XIII. No one can be considered to have lost something which he never had.