[Ulpianus libro trigesimo secundo ad edictum. ] §19.2.19.prSed addes hoc Iuliani sententiae, ut, si collusi ego cum tutore, ex conducto tenear in id quod pupilli interfuit.
[ULPIANUS, On the Edict, book 32] But you will add this to the opinion of Julian, that if I have colluded with the guardian, I am held liable under the action on the lease for the amount of the ward's interest.
§19.2.19.1Si quis dolia uitiosa ignarus locauerit, deinde uinum effluxerit, tenebitur in id quod interest nec ignorantia eius erit excusata: et ita Cassius scripsit.
If anyone has let defective wine jars, being ignorant of the defect, and subsequently the wine has leaked out, he will be held liable for the amount of interest, nor will his ignorance be excused; and Cassius has written to this effect.
aliter atque si saltum pascuum locasti, in quo herba mala nascebatur: hic enim si pecora uel demortua sunt uel etiam deteriora facta, quod interest praestabitur, si scisti, si ignorasti, pensionem non petes, et ita Seruio Labeoni Sabino placuit.
It is otherwise than if you have let a pasture land in which harmful grass was growing; for in this case, if the cattle have either died or even deteriorated, the amount of interest will be made good if you knew of it; if you were ignorant, you shall not demand the rent; and this was the opinion of Servius, Labeo, and Sabinus.
§19.2.19.2Illud nobis uidendum est, si quis fundum locauerit, quae soleat instrumenti nomine conductori praestare, quaeque si non praestet, ex locato tenetur.
We must consider, if anyone has let a farm, what things he is accustomed to provide to the tenant under the name of equipment, and for which, if he does not provide them, he is held liable under the action on the lease.
et est epistula Neratii ad Aristonem dolia utique colono esse praestanda et praelum et trapetum instructa funibus, si minus, dominum instruere ea debere: sed et praelum uitiatum dominum reficere debere.
And there is a letter from Neratius to Aristo stating that wine jars must certainly be provided to the tenant, as well as a press and an olive mill equipped with ropes; if they are not equipped, the owner must equip them; and the owner must also repair a damaged press.
quod si culpa coloni quid eorum corruptum sit, ex locato eum teneri.
But if any of these things are ruined by the fault of the tenant, he is held liable under the action on the lease.
fiscos autem, quibus ad premendam oleam utimur, colonum sibi parare debere Neratius scripsit: quod si regulis olea prematur, et praelum et suculam et regulas et tympanum et cocleas quibus releuatur praelum dominum parare oportere.
On the other hand, Neratius wrote that the tenant must prepare for himself the press-baskets which we use for pressing olives; but if the olives are pressed with bars, the owner ought to provide the press, the windlass, the bars, the drum, and the screws by which the press is raised.
item aenum, in quo olea calda aqua lauatur, ut cetera uasa olearia dominum praestare oportere, sicuti dolia uinaria, quae ad praesentem usum colonum picare oportebit.
Likewise, the owner ought to provide the bronze cauldron in which the olives are washed with warm water, as well as the other olive vessels, just like the wine jars, which the tenant must coat with pitch for current use.
haec omnia sic sunt accipienda, nisi si quid aliud specialiter actum sit.
All these things are to be understood in this way, unless something else has been specially agreed.
§19.2.19.3Si dominus exceperit in locatione, ut frumenti certum modum certo pretio acciperet, et dominus nolit frumentum accipere neque pecuniam ex mercede deducere, potest quidem totam summam ex locato petere, sed utique consequens est existimare officio iudicis hoc conuenire, haberi rationem, quanto conductoris intererat in frumento potius quam in pecunia soluere pensionem exceptam portionem.
If the owner has excepted in the lease that he should receive a certain measure of grain at a certain price, and the owner is unwilling to receive the grain or to deduct the money from the rent, he can indeed demand the whole sum under the action on the lease, but it is certainly consistent to think that it is fitting for the office of the judge that account be taken of how much it was in the interest of the tenant to pay the rent in grain rather than in money for the excepted portion.
simili modo et si ex conducto agatur, idem erit dicendum.
In like manner, if the action is brought on the lease, the same must be said.
§19.2.19.4Si inquilinus ostium uel quaedam alia aedificio adiecerit, quae actio locum habeat? et est uerius quod Labeo scripsit competere ex conducto actionem, ut ei tollere liceat, sic tamen, ut damni infecti caueat, ne in aliquo dum aufert deteriorem causam aedium faciat, sed ut pristinam faciem aedibus reddat:
If a tenant of a house has added a door or certain other things to the building, which action lies? And it is more correct, as Labeo wrote, that the action on the lease is available, so that he may be allowed to remove them, yet in such a way that he gives security against threatened damage, lest in removing them he make the condition of the house worse in some respect, but rather that he restore the original appearance to the house.
§19.2.19.5Si inquilinus arcam aeratam in aedes contulerit et aedium aditum coangustauerit dominus, uerius est ex conducto eum teneri et ad exhibendum actione, siue scit siue ignorauerit: officio enim iudicis continetur, ut cogat eum aditum et facultatem inquilino praestare ad arcam tollendam sumptibus scilicet locatoris.
If a tenant of a house has brought a bronze-bound chest into the house and the owner has narrowed the entrance of the house, it is more correct that the owner is held liable under the action on the lease and the action for production, whether he knew of it or was ignorant; for it is contained within the office of the judge that he compel him to provide the entrance and the facility to the tenant for removing the chest, of course at the expense of the lessor.
§19.2.19.6Si quis, cum in annum habitationem conduxisset, pensionem totius anni dederit, deinde insula post sex menses ruerit uel incendio consumpta sit, pensionem residui temporis rectissime Mela scripsit ex conducto actione repetiturum, non quasi indebitum condicturum: non enim per errorem dedit plus, sed ut sibi in causam conductionis proficeret.
If anyone, when he had leased a dwelling for a year, has given the rent of the whole year, and then after six months the apartment block has collapsed or been consumed by fire, Mela wrote most correctly that he will recover the rent of the remaining time by the action on the lease, not sue by a condictio as for what was not due; for he did not give more through error, but so that it might benefit him in the cause of the lease.
aliter atque si quis, cum decem conduxisset, quindecim soluerit: hic enim si per errorem soluit, dum putat se quindecim conduxisse, actionem ex conducto non habebit, sed solam condictionem.
It is otherwise than if anyone, when he had leased for ten, has paid fifteen; for in this case, if he paid through error, while thinking that he had leased for fifteen, he will not have the action on the lease, but only a condictio.
nam inter eum, qui per errorem soluit, et eum, qui pensionem integram prorogauit, multum interest.
For there is a great difference between him who paid through error and him who advanced the entire rent.
§19.2.19.7Si quis mulierem uehendam naui conduxisset, deinde in naue infans natus fuisset, probandum est pro infante nihil deberi, cum neque uectura eius magna sit neque his omnibus utatur, quae ad nauigantium usum parantur.
If anyone had contracted for a woman to be carried on a ship, and subsequently an infant was born on the ship, it must be approved that nothing is owed for the infant, since its passage money is not of great value, nor does it make use of all those things which are provided for the use of those who sail.
§19.2.19.8Ex conducto actionem etiam ad heredem transire palam est.
It is clear that the action on the lease also passes to the heir.
§19.2.19.9Cum quidam exceptor operas suas locasset, deinde is qui eas conduxerat decessisset, imperator Antoninus cum diuo Seuero. rescripsit ad libellum exceptoris in haec uerba: 'Cum per te non stetisse proponas, quo minus locatas operas Antonio Aquilae solueres, si eodem anno mercedes ab alio non accepisti, fidem contractus impleri aequum est. ' §19.2.19.10Papinianus quoque libro quarto responsorum scripsit diem functo legato Caesaris salarium comitibus residui temporis praestandum, modo si non postea comites cum aliis eodem tempore fuerunt.
When a certain shorthand writer had let his services, and then he who had hired them died, the Emperor Antoninus with the deified Severus replied by rescript to the petition of the shorthand writer in these words: 'Since you propose that it did not stand through you that you did not pay the let services to Antonius Aquila, if you have not received wages from another in the same year, it is equitable that the good faith of the contract be fulfilled.' Papinian also, in the fourth book of his Opinions, wrote that when a legate of Caesar has died, the salary for the remaining time must be paid to his companions, provided that the companions were not afterwards with others at the same time.