[IDEM libro primo responsorum. ] §50.1.21.prLucius Titius cum esset in patris potestate, a magistratibus inter ceteros frumento comparando inuito patre curator constitutus est: cui reiLucius Titius neque consensit neque pecuniam accepit neque in eam cauit aut se comparationibus cum ceteris miscuit: et post mortem patris in reliqua collegarum interpellari coepit.
[BY THE SAME AUTHOR, Opinions, Book I] When Lucius Titius was under his father's power, he was appointed by the magistrates, against his father's will, as curator for procuring grain along with others. Lucius Titius neither consented to this office, nor did he receive any money, nor did he give security for it, nor did he involve himself in the procurement with the others; and after his father's death, he began to be sued for the remaining debts of his colleagues.
quaeritur, an ex ea causa teneri possit.
The question is whether he can be held liable on this ground.
Paulus respondit eum, qui iniunctum munus a magistratibus suscipere supersedit, posse conueniri eo nomine propter damnum rei publicae, quamuis eo tempore, quo creatus est, in aliena fuerit potestate.
Paulus replied that a person who has failed to undertake a public duty imposed by the magistrates can be sued on that account because of the loss to the state, even though at the time he was appointed he was under another's power.
§50.1.21.1Paulus respondit eos, qui pro aliis non ex contractu, sed ex officio quod administrauerint conueniuntur, in damnum sortis substitui solere, non etiam in usuras.
Paulus replied that those who are sued on behalf of others, not under a contract, but on account of an office which they have administered, are customarily made liable to make good the loss of the principal, but not also for interest.
§50.1.21.2Idem respondit heredes patris propter munera filii, quae post mortem patris suscepit, iure conueniri non posse.
The same author replied that the heirs of a father cannot legally be sued on account of the public duties of a son which he undertook after the father's death.
hoc responsum et ad eum pertinet, qui a patre decurio factus post mortem patris munera suscepit.
This reply also applies to one who was made a decurion by his father and undertook public duties after his father's death.
§50.1.21.3Idem respondit eum, qui decurionem adoptauit, onera decurionatus eius suscepisse uideri exemplo patris, cuius uoluntate filius decurio factus est.
The same author replied that a person who has adopted a decurion is deemed to have undertaken the burdens of his decurionate, following the example of a father by whose consent a son was made a decurion.
§50.1.21.4Idem respondit constante matrimonio dotem in bonis mariti esse: sed et si ad munera municipalia a certo modo substantiae uocentur, dotem non debere computari.
The same author replied that while marriage subsists, the dowry belongs to the husband's property; but even if people are called upon for municipal duties based on a certain level of property, the dowry ought not to be included in the calculation.
§50.1.21.5Idem respondit, si per accusatorem criminum capitalium non stetisset, quo minus crimen intra statutum tempus persequeretur, reum non debuisse medio tempore honorem appetere.
The same author replied that if it had not been the fault of the accuser in a capital crime that the prosecution was not carried out within the statutory period, the defendant ought not to have sought public office during the intervening time.
§50.1.21.6Imperatores Seuerus et Antoninus Augusti Septimio Zenoni.
The Emperors Severus and Antoninus Augusti to Septimius Zeno.
Pro infante filio, quem decurionem esse uoluisti, quamquam fidem tuam in posterum adstrinxeris, tamen interim onerasustinere non cogeris, cum ad ea, quae mandari possunt, uoluntatem dedisse uidearis.
For your infant son, whom you wished to be a decurion, even though you have bound your credit for the future, you are nevertheless not compelled to bear the burdens in the meantime, since you are deemed to have given your consent only to those things which can be delegated.
§50.1.21.7Idem respondit, si ciuitas nullam propriam legem habet de adiectionibus admittendis, non posse recedi a locatione uel uenditione praediorum publicorum iam perfecta: tempora enim adiectionibus praestituta ad causas fisci pertinent.
The same author replied that if a city has no law of its own concerning the admission of higher bids, it is not possible to withdraw from a lease or sale of public lands that has already been completed; for the time limits prescribed for higher bids belong to cases involving the treasury.