[HERMOGENIANUS libro sexto iuris epitomarum. ] §49.14.46.prAufertur ei quasi indigno successio, qui, cum heres institutus esset ut filius, post mortem eius, qui pater dicebatur, suppositus declaratus est.
[HERMOGENIANUS, Book VI of the Epitome of Law.] The succession is taken away as from an unworthy person from him who, although he had been instituted as heir as a son, was declared after the death of him who was called his father to be a supposititious child.
§49.14.46.1Qui aliquid sciens in fraudem fisci suscepit, non solum rem, in qua fraudis ministerium suscepit, sed alterum tantum restituere cogitur.
He who knowingly has received something in fraud of the treasury is compelled to restore not only the thing in which he undertook the service of fraud, but also as much again.
§49.14.46.2Quod a praeside seu procuratore uel quolibet alio in ea prouincia, in qua administrat, licet per suppositam personam comparatum est, infirmato contractu uindicatur et aestimatio eius fisco infertur: nam et nauem in eadem prouincia, in qua quis administrat, aedificare prohibetur.
Whatever has been acquired by a governor, a procurator, or anyone else in the province in which he administrates, even if through an intermediary, is recovered after the contract is invalidated, and its value is paid to the treasury; for he is also prohibited from building a ship in the same province in which he administrates.
§49.14.46.3Fiscus semper habet ius pignoris.
The treasury always has the right of pledge.
§49.14.46.4Qui compensationem opponit fisco, intra duos menses debitum sibi docere debet.
He who opposes a set-off to the treasury must prove the debt owed to him within two months.
§49.14.46.5Ut debitoribus fisci quod fiscus debet compensetur, saepe constitutum est: excepta causa tributoria et stipendiorum, item pretio rei a fisco emptae et quod ex causa annonaria debetur.
It has often been constitutionally established that what the treasury owes should be set off against the debtors of the treasury; with the exception of tax and military pay cases, likewise the price of a thing purchased from the treasury, and what is owed on account of the grain supply.
§49.14.46.6In reatu constitutus bona sua administrare potest, eique debitor recte bona fide soluit.
A person accused of a crime can administer his own property, and a debtor rightfully pays him in good faith.
§49.14.46.7Actores, qui aliquod officium gerunt, in bonis quae distrahunt procuratores uenundare inconsultis principibus prohibentur, et, si ueneant, uenditio nullas uires habebit.
Agents who hold any office, and procurators, are forbidden to sell any of the property which they are disposing of, without consulting the Emperors; and if it is sold, the sale shall have no validity.
§49.14.46.8Seruus Caesaris si iussu procuratoris adiit hereditatem, Caesari uolenti adquirit.
If a slave of Caesar has entered upon an inheritance by order of a procurator, he acquires it for Caesar if the latter is willing.
§49.14.46.9Si multi fisco fraudem fecerint, non ut in actione furti singuli solidum, sed omnes semel quadrupli poenam pro uirili portione debent. sane pro non idoneis qui sunt idonei conueniuntur.
If many persons have committed fraud against the treasury, they do not, as in the action for theft, each owe the full amount, but all of them together owe the penalty of fourfold once, in proportion to their number; of course, those who are solvent are sued on behalf of those who are not.