Ulpianus, On the Edict, Book LXII. No one doubts that a man of consular rank should always take precedence of a woman of consular rank, but it is a matter for consideration whether a man of præfectorian rank takes precedence of a woman of consular rank. I think that he does take precedence of her, because greater dignity attaches to the male sex. 1We call the wives of consuls women of consular rank, and Saturninus extends this quality to their mothers, but this is not stated anywhere else and it is nowhere admitted.

Ulpianus, On the Edict, Book LXXII. Magistrates are not accustomed to administer justice, or to exercise their authority at all on the day before the Kalends of January.

The Same, On the Edict, Book LXII. It is a fraudulent act for anyone to refuse to proceed against a debtor whom he can sue, or where he does not require payment when it can be exacted.

Ulpianus, On the Edict, Book LXII. There is no doubt that whatever has been expended in gathering the crops should be deducted from the crops themselves.

The Same, On the Edict, Book LXII. The Prætor says: “I will grant an action in factum, where anyone is in possession of property, and for this reason has gathered the crops, and refuses to return them to the person to whom the property belongs, or is unwilling to refund to him any expenses which he may have incurred without fraud, or where the condition of the property has become worse through the fraudulent acts of the possessor.” 1What the Prætor says with reference to the income must also be understood to refer to everything else which is obtained from the property of the debtor. And, indeed, this ought to be the case, for what would happen if the party in possession should obtain a penalty either through a submission to arbitration, or in some other way? He would be obliged to refund the penalty which he had obtained. 2When the Prætor says, “If he is unwilling to refund to him any expenses which he may have incurred without fraud,” this means that, if the creditor himself has incurred any expenses, he should be reimbursed for them, provided he did not incur them fraudulently. Hence, it is sufficient for the expenses to have been incurred without fraud, even if their payment did not, in any way, benefit the property of the debtor. 3In the words, “To the person to whom the property belongs,” the curator appointed for the sale of the property and the debtor himself are included, if the sale should not take place. An action is also granted to the creditor against the parties whom we have mentioned, if he incurred any expense in gathering the crops, or in supporting and caring for the slaves, or in keeping up and repairing the land, or in indemnifying a neighbor for threatened injury, or in defending a slave in a noxal action, provided it was not more advantageous to surrender the slave than to keep him. For if it is better to surrender him, the result will be that he cannot recover the expense of defending him. 4Generally speaking, it must be said that the party in possession can recover anything which he has expended upon the property, provided this was not done fraudulently. For he can no more bring the action based on voluntary agency than if, as a joint-owner, he had repaired a building held in common, because the creditor also is considered to have transacted the business in which he himself was jointly interested, and not that of another. 5Moreover, the question has been asked if, where lands have deteriorated without any bad faith on the part of the creditor; or rights attaching to them have been lost; or buildings have been demolished, or burned; or proper care has not been taken of the slaves or cattle; or possession delivered to another without fraudulent intent; whether the possessor will be liable. It is evident that he will not be liable, because he is not guilty of fraud. His position will be better than that of a creditor when a pledge is concerned, for he is responsible not only for fraud, but also for negligence. The same rule applies to the curator of property, for he also is liable as creditors are. 6The Prætor also grants an action in factum against him who neither leased nor sold the crops on the land, and judgment will be rendered against him for what he has collected, because he neither sold nor leased it. If, however, he has only collected as npteh as he would have done if the crop had been leased, or sold, he will not be liable for anything. He must, however, be responsible for the time In which either he himself, or someone else by his direction was in possession, until he relinquished it. For the creditor should not be considered responsible for not taking possession, or for relinquishing it, as he transacts the business voluntarily as his own. The appraisement should be made in proportion to the interest of the party who brings suit. 7These actions are not temporary ones, and they are granted for and against heirs and other successors. 8If the condition of the property is said to have become deteriorated through the fraud of the party placed in possession, an action on the ground of bad faith should be granted against him; but this will not be granted either against the heirs or other successors, after the expiration of a year, because it is derived from a criminal offence and involves a penalty:

Ulpianus, On the Edict, Book LXII. This action is also granted to the heir, because it includes the pursuit of the property.

Ulpianus, On the Edict, Book LXII. When several creditors are placed in possession of the property of a debtor, one of their number should be selected by the majority to see that his accounts are not tampered with. I think that a list of the documents in the hands of the debtor should be made by the creditors; not that they ought to copy the documents themselves, but that they should take notes for their own benefit, and, make, as it were, an inventory, showing the number of the said documents, and to what matters they relate; a course of proceeding which they should be allowed to follow with reference to all other property. Moreover, the Prætor should sometimes, where proper cause is shown, permit the creditors to make extracts from the said documents, if any good reason exists for doing so. 1Let us see whether the creditors should be permitted to review and examine the papers of the debtor only once, or several times. Labeo says that this privilege should not be granted more than once. He, however, holds that if anyone swears that he is not requesting this for the purpose of annoyance, and that he no longer has the extracts which he tabulated, he should be granted the power to make a second examination, but that this should not be done more than twice.

Ulpianus, On the Edict, Book LXII. Conditional creditors are those who are not yet entitled to an action, but who will be entitled to it; or such as expect that an action will lie in their favor.

Ulpianus, On the Edict, Book LXII. To scrutinize documents is to re-read and review them; to balance accounts is to compare the receipts and disbursements. 1Under the term “children” are included not only those who are under paternal control, but also all those who are their own masters, whether they are of the male or female sex, or descendants from females.

Ulpianus, On the Edict, Book LXII. Anything which will bar persons who have entered into a contract will also bar their successors.