The Same, Sentences, Book II. Anyone can adopt another as his grandson, even though he has no son. 1No one can a second time adopt a person whom he has once adopted and emancipated.

The Same, Sentences, Book II. If a woman damages the property of her husband, an action can be brought against her according to the terms of the Lex Aquilia.

Paulus, Sentences, Book II. The officials who are in attendance on the Governor of a province can make loans with or without interest. 1The Governor of a province is not forbidden to borrow money at interest.

Paulus, Sentences, Book II. The same rule applies where a promise is made to some one who is serving me as a slave in good faith.

The Same, Sentences, Book II. Where anyone promises to pay money to one of two persons, for instance, to you or to Titius; then, although in strict law he remains bound by the proper action for the money promised, even if he should pay Titius, he will still have the right to an exception.

Paulus, Sentences, Book II. Where a creditor, after the lapse of some time, restores the surplus, which he held on deposit, then, on account of his default, he should be compelled to pay the debtor interest on the same because of the delay.

Paulus, Sentences, Book II. It is provided by the Rhodian Law that where merchandise is thrown overboard for the purpose of lightening a ship, what has been lost for the benefit of all must be made up by the contribution of all.

The Same, Sentences, Book II. Where a son under paternal control borrows money for the purpose of giving it as a dowry for his sister, his father will be liable to an action for property employed in his affairs; for he will have a right to recover the dowry if the girl dies during marriage.

The Same, Sentences, Book II. Where a woman becomes surety for another with the intention to deceive, or when she knew that she could not be held liable, an exception based on the Decree of the Senate will not be granted her; for the most Noble Order of the Senate does not exclude the action which will lie on account of fraud committed by a woman. 1If an agent obligates himself for another by the direction of a woman, he can have recourse to the exception based on the Velleian Decree of the Senate, lest, otherwise, the right of action may be extinguished.

Paulus, Sentences, Book II. If I make a deposit of silver in a bag or sealed, and the person with whom I deposited the same makes use of it without my consent, I will be entitled to an action on deposit, as well as one for theft against him. 1Ad Dig. 16,3,29,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 379, Noten 2, 6.If he with whom the deposit was made uses it with my permission, he will be compelled to pay me interest on this account, just as in other bona fide actions.

Paulus, Sentences, Book II. Or that the actions brought against the debtor will be of no force or effect.

The Same, Sentences, Book II. Where a granary has been broken into and plundered, the owner will not be liable, unless he was charged with the safe-keeping of its contents. But the slaves of the person with whom the contract was made can be demanded for the purpose of being tortured, on account of the knowledge of the building which they possess. 1Where a tract of land is leased and the lessee makes some addition to the same, by means of his labor, which is either necessary or useful, or erects a building, or makes some improvement which had not been agreed upon, he can proceed by an action on lease against the owner of the property for the recovery of the amount which he has expended. 2Where a lessee, contrary to the provisions of his lease, abandons the land without just or reasonable cause before his term has expired, he can be sued in an action on lease for the payment of the rent for the entire term, and for the indemnification of the lessor to the extent of his interest.

Paulus, Sentences, Book II. If a debtor uses money lent to him without interest, the creditor can retain for himself the profits of the encumbered property to the amount of the legal rate of interest.

Paulus, Sentences, Book II. Where evidence of former flight is lacking, a slave shall be believed, if put to the torture, for he is held to be interrogated in his own behalf, and not for or against his master.

Paulus, Sentences, Book IV. All those things by means of which legal proceedings can be instituted should be classed under the head of instruments, and therefore evidence, as well as persons, are placed in that category.

The Same, Sentences, Book II. While anyone is discharging the duties of an office in a province, he cannot marry a woman who has either been born or resides therein, although he is not forbidden to betroth himself to her; but if, after his term of office has expired, the woman refuses to marry him, she can do so, after having returned any nuptial gifts which she may have received. 1Where anyone discharges the duties of an office, he can marry a woman to whom he has previously been betrothed, if the dowry given is not about to be confiscated. 2He who exercises a public office in a province is not prevented from marrying his daughters there, and bestowing dowries upon them.

The Same, Sentences, Book II. Where a guardian or a curator marries his ward before she has reached the age of twenty-six (if she has not been betrothed by her father, or allotted by him to anyone in his will), or if he gives her in marriage to his son; both parties will become infamous on this account, and shall be arbitrarily punished, depending upon the rank of the ward. It makes no difference, in this case, whether the son is his own master, or is under the control of his father. 1It is very improper for the freedman of a curator to marry a ward of his patron who is administering the affairs of the curatorship.

The Same, Sentences, Book II. A person who is dumb, deaf, or blind, is liable on account of a dowry, because each of them can contract a marriage. 1While marriage exists, the dowry can be returned to the wife for the following reasons, provided she does not squander it, namely: in order that she may support herself and her children, or may purchase a suitable estate, or may provide sustenance for her father banished to some island, or may relieve her brother or sister who is in want.

Paulus, Opinions, Book II. Where anyone makes a donation to his wife under the condition that she shall receive what he gives her by way of dowry, and he dies, the donation will become valid.

Paulus, Opinions, Book II. Not only he who smothers a child is hold to kill it, but also he who abandons it, or denies it food, as well as he who exposes it in a public place for the purpose of exciting pity, which he himself does not feel.

The Same, Opinions, Book II. An official who is a resident of the province where he administers the duties of his office can keep a concubine.

The Same, Opinions, Book II. Where a person who is appointed a guardian does not bring suit against those whom he ascertains to be the debtors of his wards, and on this account their solvency is affected; or if he does not invest the money belonging to his ward within six months after his appointment, he himself may be sued for the money due, as well as for the interest on that which he did not invest.

Paulus, Opinions, Book II. Where a guardian is not in a condition to make reparation for injury by his obstinacy in not placing the money of his ward at interest, or because of his failure to purchase land, he shall be punished with unusual severity.

Paulus, Opinions, Book II. The term of fifty days previously mentioned has reference only to contesting the reasons alleged for exemption, as four continuous months are allowed for the settlement of the case.

Paulus, Opinions, Book II. If, after the trust has been undertaken, the guardian becomes blind, deaf, dumb, insane, or a chronic invalid, he can lay aside the guardianship. 1Poverty, which renders the guardian unequal to the labor and burden of guardianship, usually affords exemption.

The Same, Decisions, Book II. Where a guardian is appointed for a posthumous child, who is still unborn, an action on guardianship will not lie, for the reason that there is no ward, nor will he be liable as a party acting as a guardian because such a proceeding has no significance, nor can he be sued on the ground of voluntary agency, as he is not considered to have administered the affairs of an individual who is unborn, and therefore an equitable action will be granted against him.

Paulus, Sentences, Book II. Where a donation is made between husband and wife, and the one to whom it was made dies before the other, the property reverts to the one who gave it. If both parties should die at the same time, in order to decide the question, it was held that the donation was valid, and that this was especially the case, because the donor who could claim the property did not survive.

Paulus, Opinions, Book II. A fuller or a tailor who receives clothing for the purpose of cleaning and repairing it and makes use of it is, by doing so, considered to have committed a theft, because the clothing was not received by him for that purpose. 1Where crops are stolen from land, the tenant, as well as the owner, can bring the action for theft, because it was to the interest of both of them to recover the property. 2Anyone who steals a female slave, who is not a prostitute, for licentious purposes, will be liable to an action for theft; and if he conceals her, can be punished under the Favian Law. 3Anyone who steals accounts or notes is liable to an action for theft, for the amount contained in them. It does not make any diiference whether they have been cancelled or not, because, by means of them it can be proved that the debt was paid.

Paulus, Opinions, Book II. The definition of gross negligence is not to know what all persons know. 1We should not call those persons friends with whom we have only a slight acquaintance; but those with whom our fathers have entertained honorable and familiar relations.