Ad Dig. 35,1,111ROHGE, Bd. 11 (1874), Nr. 49, S. 148: Umfang der Beweislast des Mandatars in Erfüllung seiner Obliegenheiten.The Same, Epistles, Book XI. A slave who is ordered to be free under the condition of rendering his accounts must show that he has been honest in all the business transacted by him, and that he has not embezzled anything of what he received, and has not included in his accounts any expenses which he did not incur. He must also pay over whatever his accounts show remains in his hands by way of balance, for he cannot become free unless he, in this way, complies with the condition under which freedom was granted to him. He will not, however, be obliged to prove that the solvency of the debtors with whom he made contracts existed at the time of the death of his master, but that when he lent them money, their credit was such as would have induced the diligent head of a family to trust them.

Pomponius, Epistles, Book XI. I know that many persons, desiring that their slaves may never become free, are accustomed to insert the following clause in their wills, “Let Stichus be free when he dies.” Julianus, however, says that where freedom is granted at the last moment of life, it has no effect; as the testator is understood to have made a disposition of this kind for the purpose of preventing rather than of bestowing freedom. Hence, if the following should be inserted in a will, namely, “Let Stichus be free, if he should not ascend to the Capitol,” it will be of no force or effect, if it is evident that the testator intended to grant the slave his freedom at the last moment of his life, nor will there be ground for a Mucian Bond. 1If the following provision should be inserted in a will, “Let Stichus be free if he should go to Capua,” the slave will not be free unless he goes to Capua. 2Octavenus goes still further, for he holds that if a testator, having granted freedom to his slave under any condition whatsoever, should add, “I am unwilling that he be manumitted by my heir before the condition is fulfilled,” this, addition will be void.

Pomponius, Epistles, Book XI. It is stated in Julianus that if a private individual should allege that the estate of Lucius Titius belongs to him, when the same estate is claimed by the Treasury, the question arises whether the right of the Treasury should be first inquired into, and the actions of the other parties be allowed; or whether collection of the claims of the individual creditors should be stopped, in order to prevent the case of the government from being prejudiced. This was set forth in the Decrees of the Senate.