[GAIUS libro tertio ad edictum prouinciale. ] §3.3.46.prQui proprio nomine iudicium accepisset, si uellet procuratorem dare, in quem actor transferat iudicium, audiri debet sollemniterque pro iudicatum solui satisdatione cauere.
[GAIUS in the third book on the Provincial Edict.] He who had accepted the trial in his own name, if he should wish to appoint a procurator, to whom the plaintiff may transfer the trial, ought to be heard and to give security solemnly for 'the payment of what is adjudged'.
§3.3.46.1Ei qui defendit eum, cuius nomine ipse non agat, liberum est uel in unam rem defendere.
It is free for him who defends someone, on whose behalf he himself does not act generally, to defend even in respect of a single matter.
§3.3.46.2Qui alium defendit, satisdare cogitur: nemo enim alienae litis idoneus defensor sine satisdatione intellegitur.
He who defends another is compelled to give security; for no one is understood to be a suitable defender of another's lawsuit without giving security.
§3.3.46.3Item quaeritur, si iudicium acceperit defensor et actor in integrum restitutus sit, an cogendus sit restitutorium iudicium accipere: et magis placet cogendum.
Likewise, it is asked, if a defender has accepted the trial and the plaintiff has been restored to his original condition, whether the defender should be compelled to accept a restorative trial; and it is more approved that he must be compelled.
§3.3.46.4Procurator ut in ceteris quoque negotiis gerendis, ita et in litibus ex bona fide rationem reddere debet.
A procurator, as in conducting other business, so also in lawsuits, ought to render an account in good faith.
itaque quod ex lite consecutus erit siue principaliter ipsius rei nomine siue extrinsecus ob eam rem, debet mandati iudicio restituere usque adeo, ut et si per errorem aut iniuriam iudicis non debitum consecutus fuerit, id quoque reddere debeat.
Therefore, what he has obtained from the lawsuit, whether principally in the name of the thing itself or extrinsically on account of that matter, he must restore by the action of mandate, to such an extent that even if through the error or injustice of the judge he has obtained what was not due, he must also restore that.
§3.3.46.5Item contra quod ob rem iudicatam procurator soluerit, contrario mandati iudicio reciperare debet: poenam autem, quam ex suo delicto praestitit, reciperare non debet.
Likewise, on the other hand, what the procurator has paid on account of the matter adjudged, he must recover by the contrary action of mandate; but he must not recover the penalty which he has paid from his own wrongdoing.
§3.3.46.6Litis impendia bona fide facta uel ab actoris procuratore uel a rei debere ei restitui aequitas suadet.
Equity suggests that the expenses of the lawsuit made in good faith, whether by the procurator of the plaintiff or by that of the defendant, ought to be restored to him.
§3.3.46.7Si duobus mandata sit administratio negotiorum, quorum alter debitor sit mandatoris, an alter cum eo recte acturus sit? et utique recte: non enim ob id minus procurator intellegitur, quod is quoque cum quo agitur procurator sit.
If the administration of affairs has been mandated to two persons, of whom one is a debtor of the mandator, can the other correctly sue him? And indeed he can correctly; for he is not understood to be any less a procurator for the reason that he too, against whom the action is brought, is a procurator.