The Same, On Neratius, Book II. Even if he had no peculium, but was a debtor by nature and afterwards continued to act, he is bound to pay, himself; just as he who is liable in an action which would be barred by lapse of time, is also compelled by a suit based on business transacted to pay his principal, after the time has expired. 1Our Scævola says that he thinks the statement of Sabinus that the account ought to be rendered from the beginning should be understood to mean that it ought to show what was left at the time when the party first became free, and not that he should be held liable for any malice or negligence of which he was guilty while in slavery; and, therefore, if it is ascertained that, while he was in slavery, he expended money in an improper way, he should be released from liability. 2Ad Dig. 3,5,18,2Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 431, Note 2.If I direct a freeman who is held as a slave by me in good faith to perform some act; Labeo thinks that I would not be entitled to an action on mandate against him; since he is under restraint by reason of his servile condition; hence an action based on business transacted will lie, because, on the one hand, he had a desire to attend to my affairs, and on the other, he was in a position where I could compel him to attend to them. 3While you were transacting my business during my absence, you, without knowing it, purchased property which belonged to me; and, being still ignorant of this fact, you acquired its ownership by prescription. You are not obliged to restore it to me in an action for business transacted; but if, before you obtained its ownership by prescription you had learned that the property was mine, you must employ someone to bring suit against you for it in my name, so that he may recover it for me, and give you an opportunity to enforce your stipulation against eviction; and you will not be considered guilty of fraud in the employment of this person, since you should do this to avoid being liable in an action on business transacted. 4In an action based on business transacted, we must not only pay the principal, but, also the interest collected from the money of the other party, or even which we might have collected. On the other hand, also, we can by means of this action recover interest which we have paid, or interest which we might have collected on our own money, and which was expended in the business of the other party. 5I transacted the business of Titius while he was in the hands of the enemy; after his return I have a right of action against him based on business transacted, even though at the time when this was done he was not acting as principal.

Paulus, On Neratius, Book II. What my slave has promised to pay to me for one of my debtors should be deducted from the peculium, and is, nevertheless, due from the debtor. But let us see whether the obligation of him for whom the promise was made should not be held to become a part of the peculium. Paulus says that if, when anyone brings an action on the peculium the master wishes to deduct this, he undoubtedly makes the claim part of the peculium.

Paulus, On Neratius, Book II. If I have directed a son under paternal control to bring an action for a debt, and, having been emancipated, he collects it; I can properly bring an action on the peculium within a year; but Paulus says the action must be brought against the son himself.

The Same, On Neratius, Book II. He who owes a trust is compelled not only to deliver the property from the day when he is in default, but also to make good any loss Which the beneficiary of the trust may suffer on this account.

The Same, On Neratius, Book II. A legacy was bequeathed to the citizens of a municipality on condition of their taking an oath. This condition is not an impossible one. Paulus: How then can it be complied with? The officials by whom the affairs of the town are conducted can take the oath for the citizens.

Paulus, On Neratius, Book II. A minor who is no longer an infant can legally manumit a slave before the proper tribunal. Paulus: Provided his guardian authorizes him to do so, and he liberates him in such a way that the peculium does not follow the slave.

Paulus, On Neratius, Book II. Although stolen property cannot be acquired by usucaption unless it is returned to the owner; still, if its appraised value in court is paid to the latter, or he sells the property to the thief, it must be said that the right of usucaption is not interrupted.