23. POPULAR ACTIONS
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COOK FORTY-SEVEN/POPLTLAR ACTIONS 307 was laid down by the deified brothers; and if someone belong to more than one, it is provided by rescript that he must choose the one to which he wishes to adhere and receive from the association which he leaves the share of the common fund which is due to him. 2 ULPIAN,Duties o f Proconsul, book 6: Anyone instituting an unlawful association will be liable to the penalty imposed upon those found guilty of occupying public places or temples with armed men. 3 MARCIAN, Public Prosecutions, book 2: If there be any unlawful collegia, they are dissolved under imperial instructions and rulings and senatus consulta; but on their dissolution, it is permissible for the members to share out between them any common funds that exist. 1. Above all, unless an association or other such body be formed with the authority of a senatus consulturn or of the emperor, it is created in contravention of the senatus consulturn and of imperial instructions and rulings. 2. Slaves, too, with the consent of their masters, may be admitted to the associations of the lower orders; those in charge of such associations should know that if they admit slaves to such associations without the master's knowledge or consent, they will henceforth be liable to a penalty of a hundred gold pieces per slave. 4 GAIUS,XII Tables, book 4:Co-members are those who belong to the same association , what the Greeks call an 2~acpsia. A statute gives them the power to enter into any agreement they like, so long as they do not contravene the public statute. This statute appears to have been adopted from the law of Solon which says: "If the inhabitants of a city district or precinct be in association for the purpose of holding religious feasts or of dining together or to provide for their burial or if they be members of the same club or they combine to engage in some enterprise or for profit, anything that they agree between themselves will be valid unless forbidden by public statutes." POPULAR ACTIONS 1 PAUL,Edict, book 8: We describe as a popular action one which looks to the public interest. 2 PAUL,Edict, book 1: If more than one wish to bring the action, the praetor will choose the most suitable plaintiff. 3 ULPIAN,Edict, book 1: But, if proceedings be brought more than once on the same ground, the common defense of resjudicata will lie. 1. In the case of popular actions, preference is given to the person who has an interest in bringing the proceedings. 4 PAUL,Edict, book 3: A popular action is granted to a competent person, that is, one whom the edict allows to bring proceedings. BOOK FORTY-SEVEN /POPlTLAR ACTIONS 307 was laid down by the deified brothers; and if someone belong to more than one, it is provided by rescript that he must choose the one to which he wishes to adhere and receive from the association which he leaves the share of the common fund which is due to him. 2 ULPIAN, Duties of Proconsul, book 6: Anyone instituting an unlawful association will be liable to the penalty imposed upon those found guilty of occupying public places or temples with armed men. 3 MARCIAN, Public Prosecutions, book 2: If there be any unlawful collegia, they are dissolved under imperial instructions and rulings and senatus consulta; but on their dissolution, it is permissible for the members to share out between them any common fund.s that exist. 1. Above all, unless an association or other such body be formed with the authority of a senatus consultum or of the emperor, it is created in contravention of the senatus consultum and ofimperial instructions and rulings. 2. Slaves, too, with the consent of their masters, may be admitted to the associations of the lower orders; those in charge of such associations should know that if they admit slaves to such associations without the master's knowledge or consent, they will henceforth be liable to a penalty of a hundred gold pieces per slave. 4 GAlUS, XII Tables, book 4: Co-members are those who belong to the same association , what the Greeks call an Bratpeia. A statute gives them the power to enter into any agreement they like, so long as they do not contravene the public statute. This statute appears to have been adopted from the law of Solon which says: "If the...