32. MOVING
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132 BOOK FORTY-THREEIMOVING keeping until the day of the suit; but if he who says he is the father is suspected of being a false accuser it will not be right to defer the suit. But if both parties are personally suspect as being unsound or of bad character, it will not be inappropriate to arrange for someone in whose keeping the boy might be educated and defer the controversy to the time of puberty, to ensure that collusion or inexperience of one or other contestant does not result in a head of a household being assigned power over a stranger, or a stranger being appointed in place of a head of a household. 5. Even if a father fully proves that a son is in his power, nevertheless, on cause being shown, the mother will get preference in retaining him, and this is contained in certain decrees of the deified Pius. For the mother may have obtained custody of the son without diminution of parental power on the father's side on the grounds of the father's rascality. 6. Under this interdict, until the matter is brought to judgment, the praetor orders a woman, a praetextatus and one who is nearest in age to a praetextatus to be left in the keeping of the materfamilias. Nearest in age to a praetextatus we call one who has entered the age of puberty. By mater familias you must understand a woman of known reputation. 4 AFRICANUS, Questions, book 4: If someone who says he is head of a household is declared by me to be in my power and to have accepted an inheritance at my direction, he says that not only an action on inheritance may be brought, but recourse may be had to the interdict for taking away a son. 5 VENULEIUS, Interdicts, book 4: If a son is in someone's keeping of his own accord, this interdict will be inapplicable, because the son is more in his own keeping than in that of the person against whom the interdict would be invoked, since he has freedom to go away or stay, unless there is a controversy between two who claim to be fathers, and one wishes him to be produced by the other. 31 POSSESSION 1 ULPIAN,Edict, book 72:The praetor says: "From wherever the man in question has been for the greater part of this year, I forbid the use of force for such a one to take him away." 1. This interdict is applicable to the possession of movable property. It has come to have a force equal to the interdict for the possession of land, which applies to property connected with the ground. Hence, in this interdict too, the person prevails who has possession not by force, stealth, or precarium, when he is being troubled for it by his adversary. 32 MOVING 1 ULPIAN,Edict, book 73:The praetor says: "If the man in question is not included in the agreement between you and the plaintiff, according to which all things introduced or imported into the dwelling in question, or born or made there, should be a pledge to you for the rent of the dwelling; or if he is included among those things but the rent has been paid to you, or security given, or if it is your fault that security has not been given, I forbid the use of force so as to prevent the person who brought him in by way of pledge from taking him away from there." 1. This interdict is provided for a lodger who wishes to move after paying the rent. It is not available to a farm tenant . 2. Relief can also be given in this matter extra ordi~zern.So this interdict is infrequent . 3. But if someone has gratuitous lodging, this interdict will effectively lie 132 BOOK FORTY-THREE/MOVING keeping until the day of the suit; but if he who says he is the father is suspected of being a false accuser it will not be right to defer the suit. But if both parties are personally suspect as being unsound or of bad character, it will not be inappropriate to arrange for someone in whose keeping the boy might be educated and defer the controversy to the time ofpuberty, to ensure that collusion or inexperience ofone or other contestant does not result in a head of a household being assigned power over a stranger, or a stranger being...


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