[SCAEUOLA libro secundo responsorum. ] §26.7.47.prTitium et Maeiuum tutores quis dedit et cauit: Βούλομαι καὶ παρακαλῶ πάντας γίνεσθαι μετά τῆσ Μαιβἰου τοῦ ἀδελφοῦ μου γνώμησ, καὶ δίχα αὐτοῦ τὸ γινόμενον ἄκυρον ἔστω.
[SCAEUOLA, from the second book of Opinions.] A certain person appointed Titius and Maevius as tutors and provided: "I wish and request all to act in accordance with the opinion of my brother Maevius, and let what is done without him be void." Titius alone demanded payment from the debtors.
Titius solus a debitoribus exegit: an liberati essent? respondi, si et administrationem Maeuio dedisset, non recte solutum. '
Were they released? I answered that if the testator had also given the administration to Maevius, it was not a valid payment.
§26.7.47.1Quantum autem filio meo diurnum sufficiat, Marina et Ianuaria aestimabunt': quaero, an contenti esse debeant tutores arbitrio mulierum.
"But as to how much daily allowance is sufficient for my son, Marina and Januaria shall estimate." I ask whether the tutors ought to be content with the judgment of the women.
respondi sumptum boni uiri arbitrio faciendum.
I answered that the expense ought to be determined by the judgment of a good man.
§26.7.47.2Tutores dati ad res Italicas instrumenta Romae reppererunt debitorum prouincialium, ut pecunia Romae aut ubicumque petitum fuerit soluatur: quaero, cum neque debitores in Italia essent neque eorum praedia, an haec exactio ad Italicae rei tutores pertineat.
Tutors appointed for Italian property found in Rome instruments of provincial debtors, to the effect that the money should be paid in Rome or wherever it was demanded. I ask, since neither the debtors nor their estates were in Italy, whether this collection belongs to the tutors of the Italian property.
respondi, si prouincialis contractus esset, non pertinere, respicere tamen ad officium eorum, ne instrumentorum ignorantia contractus eos, ad quos administratio pertineret, lateret.
I answered that if it was a provincial contract, it does not belong to them; however, it concerns their duty to see that, through ignorance of the instruments, the contracts do not remain unknown to those to whom the administration belongs.
§26.7.47.3A matre datus testamento tutor cum putaret se tutorem esse, distraxit bona materna et paterna pupillorum et decessit non soluendo: quaeritur, an pupillus res possit uindicare.
A tutor appointed by a mother in her testament, thinking he was the tutor, sold the maternal and paternal property of the pupils and died insolvent. It is asked whether the pupil can vindicate the things.
respondi, si manent res pupilli, uindicari ab eo posse.
I answered that if the pupil's things still exist, they can be vindicated by him.
§26.7.47.4Praefectus legionis ita testamento cauit: 'uolo, ut sit in arbitrio tutorum filii mei, si uoluerint, huius summae uncias inferre usurarum nomine ita, ne nummi dispargantur': quaero, si apparuerit pecunia faenerata a tutoribus, iudicio tutelae uncias usuras an uero eas quas stipulati sunt praestare debeant.
A prefect of a legion provided in his testament as follows: "I wish it to be at the discretion of my son's tutors, if they wish, to bring in one-twelfth of this sum as interest, so that the money is not scattered." I ask, if it appears that the money was lent by the tutors, whether they ought to pay the one-twelfth interest in the action of tutelage, or indeed that which they stipulated.
respondi, si secundum uoluntatem defuncti elegissent usurarum praestationem neque pupilli nomine in faenus dedissent, id praestatur, quod testator uoluisset.
I answered that if they had chosen the payment of interest according to the will of the deceased and had not lent it in the name of the pupil, that which the testator wished is to be paid.
§26.7.47.5Lucius Titius mutuam pecuniam a tutore accepit et rem hereditariam pignori ei dedit: post triennium iam puberibus his, quorum tutela administrata est, fisco bona defuncti adiudicata sunt, quia mortem eius heres non est ultus: quaeritur, an id nomen pupillus recusare possit.
Lucius Titius received a loan of money from a tutor and gave him a piece of hereditary property as a pledge. After three years, when those whose tutelage was administered were already of age, the property of the deceased was adjudged to the fisc because the heir did not avenge his death. It is asked whether the pupil can reject this debt.
respondi secundum ea quae proponuntur id nomen ad onus tutorum non pertinere.
I answered that, according to what is proposed, this debt does not belong to the burden of the tutors.
§26.7.47.6Altero ex duobus fratribus sociis bonorum et negotiationis defuncto, herede filio, patruus tutor uenditis omnibus communis negotiationis mercibus et sibi redemptis negotium suo nomine exercuit: quaesitum est, utrum compendium negotii an usuras pecuniae praestare debeat.
When one of two brothers, who were partners in property and business, had died, leaving his son as heir, the uncle, acting as tutor, sold all the merchandise of the common business, purchased it for himself, and carried on the business in his own name. It was asked whether he ought to pay the profit of the business or the interest on the money.
respondi secundum ea quae proponuntur pupillo usuram, non compendium praestandum.
I answered that, according to what is proposed, interest, and not the profit, is to be paid to the pupil.
§26.7.47.7Tutor rerum Italicarum conuentus a creditore prouinciali, ubi rem pupillus habuit, soluit: quaesitum est, an id tutelae iudicio reputari potest.
A tutor of Italian property, sued by a provincial creditor where the pupil had property, paid. It was asked whether this can be computed in the action of tutelage.
respondi nihil proponi, cur non possit.
I answered that nothing is proposed to show why it cannot.