[CALLISTRATUS libro primo de iure fisci. ] §49.14.1.prUariae causae sunt, ex quibus nuntiatio ad fiscum fieri solet.
[CALLISTRATUS libro primo de iure fisci.] There are various causes for which a notification is usually made to the treasury.
aut enim se quis, quod tacite relictum est, profitetur capere non posse uel ab alio praeuentus defertur: uel quod mors ab heredibus non uindicatur: uel quod indignus quis heres nuntiatur: uel quod princeps heres institutus et testamentum siue codicilli subrepti esse nuntiantur: uel quod dicatur quis thensaurum inuenisse: uel magni pretii rem minoris ex fisco comparasse: uel praeuaricatione fiscum uictum esse: uel eum decessisse, qui in capitali crimine esset: uel etiam post mortem aliquem reum esse: uel domum destructam esse: uel ab accusatione recessum: uel rem litigiosam uenumdari: uel poenam fisco ex contractu priuato deberi: uel aduersus leges commissum factum esse.
For either someone, regarding what was tacitly left to him, declares that he cannot take it, or being anticipated by another, he is reported; or because death is not avenged by the heirs; or because someone is reported as an unworthy heir; or because the emperor was appointed heir and it is reported that the testament or codicils have been stolen; or because someone is said to have found a treasure; or to have purchased a thing of great value from the treasury for less; or that the treasury was defeated through collusion; or that he died who was under a capital charge; or even that someone is accused after death; or that a house has been demolished; or that an accusation has been abandoned; or that a litigious thing is being sold; or that a penalty is owed to the treasury from a private contract; or that an act has been committed against the laws.
§49.14.1.1An bona, quae soluendo non sint, ipso iure ad fiscum pertineant, quaesitum est.
The question was raised whether goods that are insolvent belong to the treasury by operation of law.
§49.14.1.2Labeo scribit etiam ea, quae soluendo non sint, ipso iure ad fiscum pertinere.
Labeo writes that even those goods which are insolvent belong to the treasury by operation of law.
sed contra sententiam eius edictum perpetuum scriptum est, quod ita bona ueneunt, si ex his fisco adquiri nihil possit.
But contrary to his opinion, the perpetual edict is written to the effect that goods are so sold only if nothing can be acquired from them for the treasury.
§49.14.1.3Diuus Pius Coelio Amaranto ita rescripsit uacantium bonorum nuntiationem quadriennio finiri idque tempus ex die, quo certum esse coepit neque heredem neque bonorum possessorem exstare, computari oportere Praescriptio autem uiginti annorum, quae etiam circa requirendorum adnotatorum bona obseruatur, ex constitutione diui Titi solet ex eo numerari, ex quo quid ad fiscum pertinere potuit.
The deified Pius wrote back to Coelius Amarantus that the notification of vacant goods is limited to four years, and that this time must be computed from the day on which it began to be certain that neither an heir nor a possessor of goods exists. Moreover, the prescription of twenty years, which is also observed regarding the goods of persons listed to be searched for, is accustomed, by a constitution of the deified Titus, to be counted from the time when something could belong to the treasury.
§49.14.1.4Causae autem, quae statim motae sunt et tractae ultra uicensimum annum, differri possunt etiam post uicensimum annum.
Moreover, cases which were initiated immediately and dragged beyond the twentieth year can be deferred even after the twentieth year.
§49.14.1.5Illae quoque causae, quae a priore nuntiatore proditae dicantur, etiam post annos, quibus praescribi diximus, fisco nuntiari possunt.
Those cases also, which are said to have been disclosed by a prior notifier, can be notified to the treasury even after the years by which we said they are prescribed.