[ULPIANUS libro septuagensimo quarto ad edictum. ] §44.3.1.prQuia tractatus de utilibus diebus frequens est, uideamus, quid sit experiundi potestatem habere.
[ULPIAN, On the Edict, book seventy-four] Since the discussion concerning available days is frequent, let us see what it is to "have the opportunity of bringing an action." And indeed, first of all, it must be required that there be a capability of acting.
et quidem in primis exigendum est, ut sit facultas agendi. neque sufficit reo experiundi secum facere potestatem, uel habere eum qui se idonee defendat, nisi actor quoque nulla idonea causa impediatur experiri.
Nor is it sufficient for the defendant to provide an opportunity of bringing an action against himself, or to have someone who may properly defend him, unless the plaintiff also is not prevented by any suitable cause from bringing his action.
proinde siue apud hostes sit siue rei publicae causa absit siue in uinculis sit aut si tempestate in loco aliquo uel in regione detineatur, ut neque experiri neque mandare possit, experiundi potestatem non habet.
Therefore, whether a person is among enemies, or is absent on public business, or is in chains, or if he is detained by a storm in some place or region so that he can neither bring his action nor delegate it to an agent, he does not have the opportunity of bringing an action.
plane is, qui ualetudine impeditur, ut mandare possit, in ea causa est, ut experiundi habeat potestatem.
Obviously, however, a person who is prevented by ill health, but in such a way that he can delegate it, is in a position to have the opportunity of bringing an action.
illud utique neminem fugit experiundi potestatem non habere eum, qui praetoris copiam non habuit: proinde hi dies cedunt, quibus ius praetor reddit.
It certainly escapes no one that a person who did not have access to the praetor does not have the opportunity of bringing an action; therefore, only those days run during which the praetor administers justice.