[ULPIANUS libro uicensimo octauo ad edictum. ] §14.3.5.prCuicumque igitur negotio praepositus sit, institor recte appellabitur.
[ULPIANUS from the twenty-eighth book on the Edict.] Therefore, to whatever business someone is appointed, he will rightly be called a manager (institor).
§14.3.5.1Nam et Seruius libro primo ad Brutum ait, si quis cum insulario gestum sit uel eo, quem quis aedificio praeposuit uel frumento coemendo, in solidum eum teneri.
For Servius also says in his first book to Brutus that if any business is transacted with a caretaker of a tenement house, or with one whom someone has appointed over a building or for buying up grain, the principal is liable for the whole amount.
§14.3.5.2Labeo quoque scripsit, si quis pecuniis faenerandis, agris colendis, mercaturis redempturisque faciendis praeposuerit, in solidum eum teneri.
Labeo also wrote that if anyone has appointed a person to lend money on interest, to cultivate land, or to engage in trade and contracting, he is liable for the whole amount.
§14.3.5.3Sed et si in mensa habuit quis seruum praepositum, nomine eius tenebitur.
But also, if anyone has a slave appointed at a banking counter, he will be liable on his account.
§14.3.5.4Sed etiam eos institores dicendos placuit, quibus uestiarii uel lintearii dant uestem circumferendam et distrahendam, quos uolgo circitores appellamus.
But it has also been agreed that those persons are to be called managers to whom drapers or linen-drapers give clothing to be carried around and sold, whom we commonly call peddlers.
§14.3.5.5Sed et muliones quis proprie institores appellet, §14.3.5.6Item fullonum et sarcinatorum praepositus.
But one might also properly call muleteers managers, likewise the manager of fullers and tailors.
stabulario quoque loco institorem habendi sunt.
Those in the employment of an innkeeper are also to be regarded as in the position of a manager.
§14.3.5.7Sed et si tabernarius seruum suum peregre mitteret ad merces comparandas et sibi mittendas, loco institoris habendum Labeo scripsit.
But also, if a shopkeeper should send his slave abroad to purchase goods and send them to him, Labeo wrote that he must be regarded as in the position of a manager.
§14.3.5.8Idem ait, si libitinarius seruum pollinctorem habuerit isque mortuum spoliauerit, dandam in eum quasi institoriam actionem, quamuis et furti et iniuriarum actio competeret.
He also says that if an undertaker has an embalmer slave and the slave robs a corpse, an action analogous to the institorian action ought to be granted against the master, although actions for theft and for injuries would also lie.
§14.3.5.9Idem Labeo ait: si quis pistor seruum suum solitus fuit in certum locum mittere ad panem uendendum, deinde is pecunia accepta praesenti, ut per dies singulos eis panem praestaret, conturbauerit, dubitari non oportet, quin, si permisit ei ita dari summas, teneri debeat.
The same Labeo says: if a baker was accustomed to send his slave to a certain place to sell bread, and then that slave, having received cash in advance in order to supply bread to them day by day, defaulted, there ought to be no doubt that if the master permitted the sums to be so paid to him, he must be held liable.
§14.3.5.10Sed et cum fullo peregre proficiscens rogasset, ut discipulis suis, quibus tabernam instructam tradiderat, imperaret, post cuius profectionem uestimenta discipulus accepisset et fugisset, fullonem non teneri, si quasi procurator fuit relictus: sin uero quasi institor, teneri eum.
But also, when a fuller going abroad had requested someone to supervise his apprentices, to whom he had handed over his fully equipped shop, and after his departure an apprentice received garments and ran away, the fuller is not liable if the person requested was left as an agent; but if as a manager, he is liable.
plane si adfirmauerit mihi recte me credere operariis suis, non institoria, sed ex locato tenebitur.
Plainly, if the fuller assured me that I could safely trust his workmen, he will be liable not under the institorian action, but under the action on the contract of letting.
§14.3.5.11Non tamen omne, quod cum institore geritur, obligat eum qui praeposuit, sed ita, si eius rei gratia, cui praepositus fuerit, contractum est, id est dumtaxat ad id quod eum praeposuit.
However, not everything transacted with a manager binds the principal who appointed him, but only if the contract was made on account of that business over which he was appointed, that is, only to the extent for which he appointed him.
§14.3.5.12Proinde si praeposui ad mercium distractionem, tenebor nomine eius ex empto actione: item si forte ad emendum cum praeposuero, tenebor dumtaxat ex uendito: sed neque si ad emendum, et ille uendiderit, neque si ad uendendum, et ille emerit, debebit teneri, idque Cassius probat.
Accordingly, if I have appointed him for the sale of goods, I shall be liable on his account by the action on purchase; likewise, if I have appointed him for buying, I shall be liable only by the action on sale. But neither if he was appointed to buy and sold, nor if to sell and bought, ought the principal to be liable; and Cassius approves of this.
§14.3.5.13Sed si pecuniam quis crediderit institori ad emendas merces praeposito, locus est institoriae, idemque et si ad pensionem pro taberna exsoluendam: quod ita uerum puto, nisi prohibitus fuit mutuari.
But if anyone has lent money to a manager appointed for buying goods, there is room for the institorian action; and the same holds if it was for paying the rent of the shop. I think this is true only if he was not forbidden to borrow.
§14.3.5.14Si ei, quem ad uendendum emendumue oleum praeposui, mutuum oleum datum sit, dicendum erit institoriam locum habere.
If a loan of oil is given to one whom I have appointed for selling or buying oil, it must be said that the institorian action applies.
§14.3.5.15Item si institor, cum oleum uendidisset, anulum arrae nomine acceperit neque eum reddat, dominum institoria teneri: nam eius rei, in quam praepositus est, contractum est: nisi forte mandatum ei fuit praesenti pecunia uendere.
Likewise, if a manager, having sold oil, received a ring by way of earnest and does not return it, the master is liable under the institorian action; for the contract was made concerning that business over which he was appointed; unless, perhaps, he was instructed to sell only for cash.
quare si forte pignus institor ob pretium acceperit, institoriae locus erit.
Therefore, if the manager has received a pledge on account of the price, there will be room for the institorian action.
§14.3.5.16Item fideiussori, qui pro institore interuenerit, institoria competit: eius enim rei sequella est.
Likewise, the institorian action is available to a surety who has intervened on behalf of a manager; for it is a consequence of that transaction.
§14.3.5.17Si ab alio institor sit praepositus, is tamen decesserit qui praeposuit et heres ei extiterit, qui eodem institore utatur, sine dubio teneri eum oportebit.
If a manager was appointed by another, but the person who appointed him has died and his heir has succeeded him and continues to employ the same manager, there is no doubt that the heir must be held liable.
nec non, si ante aditam hereditatem cum eo contractum est, aequum est ignoranti dari institoriam actionem.
Furthermore, if a contract was made with him before the inheritance was accepted, it is equitable to grant the institorian action to one who was ignorant of the death.
§14.3.5.18Sed et si procurator meus, tutor, curator institorem praeposuerit, dicendum erit ueluti a me praeposito dandam institoriam actionem.
But also, if my agent, guardian, or curator has appointed a manager, it must be said that the institorian action is to be granted just as if he had been appointed by me.