[LABEO posteriorum libro quinto a Iauoleno epitomatorum. ] §19.2.60.prCum in plures annos domus locata est, praestare locator debet, ut non solum habitare conductor ex calendis illis cuiusque anni, sed etiam locare habitatori si uelit suo tempore possit.
[LABEO, in the fifth book of his Posthumous Works, epitomized by Javolenus.] When a house is leased for several years, the lessor must guarantee that the lessee is not only able to inhabit it from the specified date of each year, but also to sublet it to an inhabitant during his own term if he wishes.
itaque si ea domus ex kalendis Ianuariis fulta in kalendis Iuniis permansisset, ita ut nec habitare quisquam nec ostendere alicui posset, nihil locatori conductorem praestaturum, adeo ut nec cogi quidem posset ex kalendis Iuliis refecta domu habitare, nisi si paratus fuisset locator commodam domum ei ad habitandum dare.
Therefore, if that house had remained supported by props from the first of January until the first of June, so that no one could either inhabit it or show it to anyone, the lessee would owe nothing to the lessor, to such an extent that he could not even be compelled to inhabit the house when repaired from the first of July, unless the lessor had been prepared to give him another suitable house to inhabit.
§19.2.60.1Heredem coloni, quamuis colonus non est, nihilo minus domino possidere existimo.
I consider that the heir of a tenant farmer, although he is not himself the tenant farmer, nevertheless possesses on behalf of the owner.
§19.2.60.2Uestimenta tua fullo perdidit et habes unde petas nec repetere uis: agis nihilo minus ex locato cum fullone, sed iudicem aestimaturum, an possis aduersus furem magis agere et ab eo tuas res consequi fullonis uidelicet sumptibus: sed si hoc tibi impossibile esse perspexerit, tunc fullonem quidem tibi condemnabit, tuas autem actiones te ei praestare compellet.
A fuller has lost your clothes, and you have someone from whom to claim them but do not wish to recover them: nevertheless, you bring an action on the lease against the fuller; but the judge will consider whether you could rather bring an action against the thief and recover your property from him, obviously at the expense of the fuller. But if he perceives that this is impossible for you, then indeed he will condemn the fuller to pay you, but will compel you to yield your actions to him.
§19.2.60.3Lege dicta domus facienda locata erat ita, ut probatio aut improbatio locatoris aut heredis eius esset: redemptor ex uoluntate locatoris quaedam in opere permutauerat.
By a specified term, a house was contracted to be built in such a way that its approval or disapproval lay with the lessor or his heir; the contractor, in accordance with the will of the lessor, had altered certain things in the work.
respondi opus quidem ex lege dicta non uideri factum, sed quoniam ex uoluntate locatoris permutatum esset, redemptorem absolui debere.
I answered that the work indeed does not appear to have been done according to the specified term, but since the alteration was made in accordance with the will of the lessor, the contractor ought to be discharged.
§19.2.60.4Mandaui tibi, ut excuteres, quanti uillam aedificare uelles: renuntiasti mihi ducentorum impensam excutere: certa mercede opus tibi locaui, postea comperi non posse minoris trecentorum eam uillam constare: data autem tibi erant centum, ex quibus partem impendisses, uetui te opus facere.
I commissioned you to estimate for how much you would be willing to build a villa; you reported to me that you estimated an expense of two hundred. I contracted the work to you for a fixed price, and later I discovered that the villa could not cost less than three hundred; but one hundred had already been given to you, out of which you had spent a part, and I forbade you to proceed with the work.
dixi, si opus facere perseueraueris, ex locato tecum agere, ut pecuniae mihi reliquum restituas.
I said that if you persisted in doing the work, I could bring an action on the contract against you to make you restore the remainder of the money to me.
§19.2.60.5Messem inspiciente colono, cum alienam esse non ignorares, sustulisti.
While the tenant farmer was looking on, you carried away the harvest, although you were not ignorant that it belonged to another.
condicere tibi frumentum dominum posse Labeo ait, et ut id faciat, colonum ex conducto cum domino acturum.
Labeo says that the owner can claim the grain from you by personal action, and that, in order for the owner to do so, the tenant farmer will bring an action on the lease against the owner.
§19.2.60.6Locator horrei propositum habuit se aurum argentum margaritam non recipere suo periculo: deinde cum sciret has res inferri, passus est.
The lessor of a warehouse posted a notice that he would not receive gold, silver, or pearls at his own risk; then, although he knew these things were being brought in, he permitted it.
proinde eum futurum tibi obligatum dixi, ac si propositum fuit, remissum uidetur.
Therefore, I said that he would be liable to you, for even if there had been a notice, it is deemed to have been waived.
§19.2.60.7Seruum meum mulionem conduxisti: neglegentia eius mulus tuus periit.
You hired my slave who is a muleteer; through his negligence, your mule died.
si ipse se locasset, ex peculio dumtaxat et in rem uersum damnum tibi praestaturum dico: sin autem ipse eum locassem, non ultra me tibi praestaturum, quam dolum malum et culpam meam abesse: quod si sine definitione personae mulionem a me conduxisti et ego eum tibi dedissem, cuius neglegentia iumentum perierit, illam quoque culpam me tibi praestaturum aio, quod eum elegissem, qui eiusmodi damno te adficeret.
If he hired himself out, I say that he will make good the loss to you only to the extent of his peculium and what has turned to my advantage; but if I myself had hired him out, I would not make good to you anything beyond the absence of willful deceit and negligence on my part. But if you hired a muleteer from me without specifying the individual, and I had given you one through whose negligence the beast of burden died, I say that I will also make good that negligence to you, because I chose someone who would cause you such damage.
§19.2.60.8Uehiculum conduxisti, ut onus tuum portaret et secum iter faceret: id cum pontem transiret, redemptor eius pontis portorium ab eo exigebat: quaerebatur, an etiam pro ipsa sola reda portorium daturus fuerit.
You hired a carriage to carry your load and to travel with you; when it was crossing a bridge, the contractor of that bridge demanded toll from him. The question was raised whether a toll was also to be paid for the carriage itself alone.
puto, si mulio non ignorauit ea se transiturum, cum uehiculum locaret, mulionem praestare debere.
I think that if the muleteer was not ignorant that he would cross there when he leased the carriage, the muleteer ought to pay it.
§19.2.60.9Rerum custodiam, quam horrearius conductoribus praestare deberet, locatorem totorum horreorum horreario praestare non debere puto, nisi si in locando aliter conuenerit.
I think that the lessor of the whole warehouse does not have to guarantee to the warehouseman the custody of goods which the warehouseman ought to guarantee to his tenants, unless it was otherwise agreed upon in the lease.