12. [AN APPELLANT] MAY BE REQUIRED TO PLEAD ANOTHER ACTION BEFORE [A JUDGE] FROM WHOM HE IS APPEALING
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BOOK FORTY-NINE/IMPERIAL TREASURY 12 [AN APPELLANT] MAY BE REQUIRED TO PLEAD ANOTHER ACTION BEFORE [A JUDGE] FROM WHOM HE IS APPEALING 1 ULPIAN,Appeals, book 4: Let us see whether, if a person appeals from a judge in one action, he is required to accept the same judge in another. We nowadays follow the legal principle that even if an appeal has been lodged, a person is still compelled to plead any other actions that he has before the same judge from whom he appealed. Nor is he to use this as a pretext on the grounds that he ought not to go to law before a resentful judge, since it is possible for him to make a fresh appeal. 13 I F DEATH OCCURS WHILE AN APPEAL IS PENDING 1 MACER,Appeals, book 2: On the death of the appellant, if he has no heir, then the appeal, whatever sort it was, becomes void. If, however, there is an heir to the appellant, then, if it is not in any other party's interest for the grounds of appeal to be given, he is not to be obliged to pursue the appeal; if, however, it is in the interest of the imperial treasury or of the other party against whom the appeal was made, the heir must necessarily give the grounds of appeal. It is not in the interest of any party when, for example, the deceased was relegated without confiscation of property. For if he was relegated with confiscation of property, or deported to an island, or condemned to the mines, and he dies after having lodged an appeal, our emperor Alexander sent a rescript to the soldier Plaetorius as follows: "Although, by the death of the person charged while the appeal is pending, the offense is extinguished, yet the sentence given as regards part of his property is made public, and the person who has the benefit of the succession can only win his case against it if, in givinggroundsof appeal, he reveals an unfairness in the sentence." 1. Again, if a tutor dies after lodging an appeal in an affair concerning his pupil, his heir must necessarily give the grounds of appeal, even if the heir has rendered the accounts of the tutelage, because it is sufficient that, at the time of his death, he was under an obligation to give the grounds of appeal . However, the deified Severus and Antoninus wrote in a rescript that a tutor should not be compelled to give grounds for appeal after rendering his accounts. RIGHTS OF THE IMPERIAL TREASURY 1 CALLISTRATUS, Rzghts of the Imperial Treasury, book 1: There are various reasons for which a denunciation is customarily made to the imperial treasury. For either someone makes a declaration that he cannot take that which was left to him tacitly, or he is forestalled by someone else and denounced; or because the death [of someone] is not avenged by his heirs; or because an heir is denounced as unworthy; or because the emperor has been instituted heir and the will or codicils are reported to have been purloined; or because someone is stated to have found treasure; or to have bought from the imperial treasury something of great price for a lesser one; or [it is stated that] the imperial treasury has been defeated by praevaricatio; or that someone has died while under a capital charge; or that someone has been charged even after his death; or that a house has been destroyed; or that an accusation has been abandoned; or that the object of a lawsuit is offered for sale; or that a penalty is due to the imperial treasury under a private contract; or that some offense has been committed contrary to statute. 1. Do insolvent properties belong to the imperial treasury by virtue of the civil law? Labeo writes: "Those things also which are insolvent belong to the imperial treasury by virtue of the civil law." Against his view, however, are the words of the praetor's edict that such property is sold, if nothing can be obtained from it for the imperial treasury. 2. The deified Pius wrote in a rescript to Coelius Amarantus that denunciation of bona vacantia terminates after four years, and that this period ought to be calculated from the date on which it becomes established that there exists no heres or bonom~m possessor. 3. However, the prescription of twenty years, which is also observed in relation to the...