[PAULUS libro nono ad edictum. ] §3.4.6.pritem eorum, qui in eiusdem potestate sunt: quasi decurio enim hoc dedit, non quasi domestica persona.
[PAULUS, in the ninth book on the Edict.] Likewise, [the vote] of those who are under the same power [will benefit them]; for he gave this as a decurion, not as a domestic person.
quod et in honorum petitione erit seruandum, nisi lex municipii uel perpetua consuetudo prohibeat.
This must also be observed in petitioning for offices, unless the law of the municipality or perpetual custom forbids it.
§3.4.6.1Si decuriones decreuerunt actionem per eum mouendam quem duumuiri elegerint, is uidetur ab ordine electus et ideo experiri potest: parui enim refert, ipse ordo elegerit an is cui ordo negotium dedit.
If the decurions have decreed that an action is to be brought by the person whom the duumviri have chosen, that person is deemed to have been chosen by the order, and therefore he can sue; for it matters little whether the order itself chose him or the person to whom the order delegated the business.
sed si ita decreuerint, ut quaecumque incidisset controuersia, eius petendae negotium Titius haberet, ipso iure id decretum nullius momenti esse, quia non possit uideri de ea re, quae adhuc in controuersia non sit, decreto datam persecutionem.
But if they have decreed in such a way that, whatever controversy might arise, Titius should have the business of prosecuting it, by operation of law that decree is of no effect, because it cannot be deemed that the right of action was granted by decree concerning a matter which is not yet in controversy.
sed hodie haec omnia per syndicos solent secundum locorum consuetudinem explicari.
But today all these matters are usually settled through syndics according to local custom.
§3.4.6.2Quid si actor datus postea decreto decurionum prohibitus sit, an excepto ei noceat? et puto sic hoc accipiendum, ut ei permissa uideatur, cui et permissa durat.
What if the appointed agent is afterwards forbidden by a decree of the decurions [to sue]? Does the exception bar him? And I think that this should be understood in such a way that [the action] is deemed permitted to him for whom the permission also continues to exist.
§3.4.6.3Actor uniuersitatis si agat, compellitur etiam defendere, non autem compellitur cauere de rato.
If the agent of a corporation sues, he is also compelled to defend, but he is not compelled to give security for ratification.
sed interdum si de decreto dubitetur, puto interponendam et de rato cautionem.
But sometimes, if there is doubt about the decree, I think that security for ratification should also be interposed.
actor itaque iste procuratoris partibus fungitur et iudicati actio ei ex edicto non datur nisi in rem suam datus sit.
Therefore, this agent performs the functions of a procurator, and the action on the judgment is not granted to him under the edict unless he has been appointed for his own benefit.
et constitui ei potest.
And a representative can be appointed for him.
ex isdem causis mutandi actoris potestas erit, ex quibus etiam procuratoris.
The power of changing the agent will exist for the same reasons for which a procurator also [is changed].
actor etiam filius familias dari potest.
A son in power can also be appointed as an agent.