[ULPIANUS libro uicensimo quarto ad edictum. ] §10.4.11.prSed et si hereditas amissa sit ob hoc, quod seruus non exhibeatur, aequissimum est aestimari officio iudicis damnum hereditatis.
[ULPIANUS libro uicensimo quarto ad edictum.] But also, if an inheritance is lost because a slave is not produced, it is most equitable that the loss of the inheritance be assessed by the office of the judge.
§10.4.11.1Quo autem loco exhiberi rem oporteat uel cuius sumptibus, uideamus.
Now, let us see in what place a thing ought to be produced, or at whose expense.
et Labeo ait ibi exhibendum, ubi fuerit cum lis contestaretur, periculo et impendiis actoris perferendam perducendamue eo loci ubi actum sit.
And Labeo says that it should be produced in the place where it was when the joinder of issue took place, and that it must be carried or brought to the place where the action is brought at the risk and expense of the plaintiff.
pascere plane seruum uestire curare possessorem oportere ait.
Clearly, he says that the possessor ought to feed, clothe, and care for the slave.
ego autem arbitror interdum etiam haec actorem agnoscere oportere, si forte ipse seruus ex operis uel artificio suo solebat se exhibere, nunc uero cogitur uacare.
I, however, think that sometimes the plaintiff also ought to acknowledge these expenses, if perhaps the slave himself used to support himself from his labor or craft, but now is forced to be idle.
proinde et si apud officium fuerit depositus exhibendus, cibaria debebit adgnoscere qui exhiberi desideranit, si non solebat possessor seruum pascere: nam si solebat, sicuti pascit, ita et cibaria potest non recusare.
Accordingly, even if the slave to be produced has been deposited in an official custody, he who desired him to be produced will have to bear the maintenance, if the possessor was not accustomed to feed the slave; for if he was accustomed to do so, just as he feeds him, so also he cannot refuse the maintenance.
interdum tamen eo loco exhibere debet suis sumptibus, si forte proponas data opera eum in locum abditum res contulisse, ut actori incommodior esset exhibitio: nam in hunc casum suis sumptibus et periculo debebit exhibere in eum locum ubi agatur, ne ei calliditas sua prosit.
Sometimes, however, he must produce the thing at his own expense in that place, if perhaps you suppose that he has intentionally moved the property to a hidden place so that the production would be more inconvenient for the plaintiff; for in this case he will have to produce it in the place where the action is pending at his own expense and risk, so that his own cleverness may not benefit him.
§10.4.11.2Si de pluribus rebus quis conueniatur et litis contestatae tempore omnes possedit, licet postea quasdam desierit quamuis sine dolo malo possidere, damnandum, nisi exhibeat eas quas potest.
If someone is sued for several things and possessed them all at the time of the joinder of issue, even if he afterwards ceased to possess some of them, although without bad faith, he must be condemned unless he produces those which he can.