[PAULUS libro uicensimo sexto ad edictum. ] §10.4.12.prDe eo exhibendo, quem quis in libertatem uindicare uelit, huic actioni locus esse potest.
[PAULUS libro uicensimo sexto ad edictum.] Concerning the production of him whom someone wishes to claim for freedom, there can be some place for this action.
§10.4.12.1Et filius familias ea actione tenetur, si facultatem rei exhibendae habet.
And a son in power is liable to this action, if he has the ability to produce the thing.
§10.4.12.2Saepius ad exhibendum agenti, si ex eadem causa agat, obstaturam exceptionem Iulianus ait: nouam autem causam interuenire, si is, qui uindicandi gratia egisset, post acceptum iudicium eam ab aliquo accepit, et ideo exceptionem ei non officere.
Julian says that an exception will stand in the way of one who sues for production more than once, if he sues from the same cause; but that a new cause intervenes if he who had sued for the purpose of claiming ownership received it from someone after the joinder of issue, and therefore the exception does not stand in his way.
item si ei, qui furti acturus ad exhibendum egisset, iterum furtum factum sit.
Likewise, if a theft is committed a second time against one who had sued for production in order to bring an action for theft.
denique si quis optandi gratia ad exhibendum egisset et post litem contestatam alterius testamento optio data sit, ad exhibendum agere potest.
Finally, if anyone had sued for production for the purpose of making a choice, and after the joinder of issue a choice was given by the testament of another person, he can bring the action for production.
§10.4.12.3Si quis ex uuis meis mustum fecerit uel ex oliuis oleum uel ex lana uestimenta, cum sciret haec aliena esse, utriusque nomine ad exhibendum actione tenebitur, quia quod ex re nostra fit nostrum esse uerius est.
If anyone, knowing these to be the property of another, has made must from my grapes, or oil from my olives, or garments from my wool, he will be liable to the action for production on both accounts, because it is more correct to say that what is made from our property is ours.
§10.4.12.4Si post iudicium acceptum homo mortuus sit, quamuis sine dolo malo et culpa possessoris, tamen interdum tanti damnandus est, quanti actoris interfuerit per eum non effectum, quo minus tunc cum iudicium acciperetur homo exhiberetur: tanto magis si apparebit eo casu mortuum esse, qui non incidisset, si tum exhibitus fuisset.
If, after the joinder of issue, the slave has died, even though without the bad faith or fault of the possessor, yet sometimes he must be condemned in such an amount as was to the interest of the plaintiff that it had not been brought about by him that the slave was not produced at the time when the joinder of issue took place; so much the more if it appears that he died by an accident which would not have occurred if he had been produced at that time.
§10.4.12.5Si iusta ex causa statim exhiberi res non possit, iussu iudicis cauere debebit se illo die exhibiturum.
If for a just cause the thing cannot be produced immediately, he must, by order of the judge, give security that he will produce it on a specified day.
§10.4.12.6Heres non quasi heres, sed suo nomine hac actione uti potest: item heres possessoris suo nomine tenetur: igitur non procedit quaerere, an heredi et in heredem danda sit.
An heir can bring this action not as an heir, but in his own name; likewise the heir of the possessor is liable in his own name. Therefore, it is not appropriate to inquire whether it should be granted to an heir and against an heir.
plane ex dolo defuncti danda est in heredem haec actio, si locupletor hereditas eo nomine facta sit, ueluti quod pretium rei consecutus sit.
Clearly, this action must be granted against the heir on account of the fraud of the deceased, if the inheritance has been made richer on that account, as for instance, if he obtained the price of the thing.