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as in the first. Law: otherwise not, as in others. Say that to the buyer, if he pays the fiscus treasury, the act is done, as in the law above: on debts, Digest, formerly that if he were not to pay, then properly to the treasury, but the debts, as in Digest, on the recovery of things, law: "land," in the end. Or say if the contract did not hold, as because it was prohibited by law, or because fraud gave cause to the contract, then to the treasury; otherwise to the buyer if he pays the treasury. Note that the treasury has twice, that is, not once, as obitum deceased/payment once for the buyer’s offense, as in the Digest, of the same, law: "Lucius," section: "law 3," if the seller participated in the trick, as in the Code, on sacred sanction, etc., Authentica: "which things are now," if the land had already been handed over, as the proctor of Caesar is the judge between private person and private person, nay, the provincial governor, as in the said law "land." Reply: no, he had not handed over the land. Or say if he had handed it over, the treasury still has it, because it can vindicate it like a steward who made a similar sale, as in the Code, on sacred sanction of the church, law: "we command," above, sacred. Nor is he liberated by ceding the action, because he is not held for that reason, that he has the action, but because he sold badly, as not, Digest, on peculium property held by a subordinate, law 9, on debts, and so forth. But here one proceeds against the treasury in a hypothecary action. But if he acts against the buyer in a vindicatory action, which he can, by the law "land," or by an interdict of fraud, as in the Digest, on pupil's payment, and the governor is the judge, or certainly then the proctor is the judge, since he ought to cause the land to be restored by the treasury, and the treasury does not have it, but the buyer. It is necessary that he stretch out his hand toward the buyer, since to whom is the jurisdiction, as in the Digest, on judgment, on jurisdiction, law 11. And it is to be noted that either these made the sale and the buyer is secure, as above, in ancient credit, law: "obligated," or the seller omitted fraud in hatred of the debtor, and then he alone is held, as above, here, pignus pledge/mortgage, law 1, in the response. Or both, and then the buyer in subsidy, as in the same law, in the end. But if the buyer alone, then he, and this where the contract held. Otherwise, let it be that both participate in the fraud, and previously the buyer could be convened as above, here, on pledged property, law 1, when against. Item, what if the buyer wishes to fulfill the price well? It is not, as noted in the said law, "when against." Item, perhaps here the buyer is held in fourfold, as below, of the same, law: "who in contracts."
Emperors Diocletian and Maximian.
Certain: metroicis metropolites; they are so called from metros, which is measure, because they gave them a measured city, a land, in restoration of their own. Metros in Greek is mensura villarum measure of towns in Latin. But this translation is abolished, since nothing else was added to the public good from it except civil war, as above, on Latins, freed, law 1, in the beginning.
b Demigrarent moved: that is, withdrew. It is placed in the Digest, on moving, and it makes that it is not permitted to inhabit the metropolis, law 1.
c Decretum decreed: by the princes, as below, we establish.
d Statutum established: it is concerning said estates being confiscated if they were not sold.
e Placuerit pleased: concerning said sale.
f Statutum est it is established: he succeeds where the parents were living. For what is not prohibited is understood to be permitted, as in the Digest, from what causes, law: "also," above, preceding, etc. And so note that it loses the past, but seeks new ones.
p Prohibited to have made a place for the treasury text unclear.
b Capi seized: by the officials of the treasury.
i Forma form: this form is given in letters, law: "in the end."
k Cesarianis imperial/Caesarean: that is, the officials of the treasury, as is said above.
Emperors.
l Interest concerns: since they have right in the goods, as below, on vacant goods, law: "in the end."
m Legibus laws: he will have done by the laws, he whose goods are turned to the treasury for an offense or in another way.
n Desistent desist: by seizing without form.
o Resistentibus resisting: not that one resists even the prince’s officials if they exceed their office, to which, Code, above, appeal, law: "when," etc., below, on the metati, law: "of yours," etc.
p Cum litteris with letters: to that above, on municipal privileges, law 1, etc., on bishops and clergy, law: "if any," by calumny, above, in the end, etc., on the exaction of tributes, law 1.
q Officiales officials: that they can.
r Vigorem vigor: that is, the prince, who is the vigor of justice. Whence the law is called animated, as in the Authentica, above, on officials, in the end, or the law is called the living voice of civil law.
as in the Digest, on Justice and Law, law "nature." And note that there is something that it is not permitted to be done without the authority of a superior, thus, above, on pledge, law: "nominatori," and above, "that no one," law 2, and above, "lest anyone in his own cause," law 1, and below, on the exaction of tributes, law 1, and above, "when force," law 1, "let him remember," and in the Digest, of the same.
Truth. Or otherwise, if it were acted upon in its time.
t Comcremari to be burned/lost: that is, to be lost, as is collected in the end of this book.
u Et iam and already: otherwise "as already," or "as already." It is held here that the same law is in the treasury as in a private person, as by argument in the Digest, on the petition of inheritance. Item, they come, above, "to be opened," above, "that in acting the action does not pass the time," as above, and this one, on actions, above, "if anyone acting." Today, delays are doubled and expenses returned, as in the Institutes, on exceptions, above, "temporal," as this was of laws, Code, "Gregorian," when it is corrected by Justinian. Therefore, perhaps it is placed to denote similar law in the treasury and private person, or it can be said that by that fiscal prescription, she acts who cannot hold, nor does a private person act, and the fiscal action is lost. Reply: no, as in the Digest, on diverse, law 1 in all, and in the Digest, of the same, law 1, above, "the first perception is truer."
v Quo: otherwise "that not otherwise than."
y Precipimus we command: if the agent loses, does the treasury? Reply: no, the proctor of the treasury affairs, who has free administration as Caesar's, as in the Digest, on the office of Caesar's proctor, law 1. And note that from this law it follows that the treasury acts with others. Means: capacity, otherwise capacity, otherwise defense.
d Defensio defense: the law begins, and differs from that above, of the same.