9. DECREES MADE BY AN ORDO
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438 BOOK FIFTYIDECREES BY ORDO 9 (7) PAUL,Praetor's Edict, book I: If a son-in-power holds a magistracy at his father 's wish, Julian held that the father was liable for the whole of the loss suffered by a community becadse of him. 10 (8) MODESTINUS, Rules, book 8: The reversal of an error in accounting will be accepted even after ten or twenty years. But if the accounts are said to have been reckoned up corruptly, they will not be accepted [as being in error]. 11 (9) PAPIRIUS JUSTUS, Constitutiones, book 2: The Emperors Antoninus and Verus issued a rescript to the effect that interest was to be exacted on money which remained with curators. However, the risk arising from the capital which cannot be recovered from the contractors for buildings belongs to curators. Likewise, they issued a rescript to the effect that this risk belongs also to the heirs of curators. 1. They likewise issued a rescript to the effect that the curator of a community ought to recover the land of a community, even if it is held by purchasers in good faith when they can have recourse against the vendors concerned. 12 (9,3) PAPIRIUS JUSTUS,Constitutiones, book 2: The Emperors Antoninus and Verus issued a rescript to the effect that the exaction of services is not to be done without surety. l ( 4 ) .They likewise issued a rescript to the effect that curators are liable for the sum in question if they behaved negligently in dividing up property, for double if fraudulently; and the penalty did not descend to their heirs. 2 ( 5 ) . Likewise, that a curator must exact money intended for the corn supply if property has been divided up. 3 ( 6 ) . Likewise, that sitonai who have not been dilatory in the execution of their duty, must not suffer loss, as laid down in a letter of Hadrian. 4(7). Likewise, that surety must not be extracted from the curator of an archive when he is chosen by the governor after an investigation. 5(8).Likewise, that a curator is also liable on account of his colleague if he was in a position to intervene and block him. 6(9). Likewise , that in the case of headings whose position has worsened during the term of a curator, the risk is his; but in the case of things which were not as they should be before he became curator it was reasonable to hold that the risk was not his. 13 (9,10) PAPIRIUSJUSTUS,Constitutiones, book 2: The Emperors Antoninus and Verus issued a rescript to the effect that someone who had held public money during his magistracy and for some time after ought to provide interest, unless he could produce some reason for having paid it in late. 9 DECREES MADE BY AN ORDO 1 ULPIAN,Opinions, book 3: The decision on the doctors to be included within a prescribed number is not entrusted to the governor of a province but to the ordo and the landholders of each community, so that they themselves, being certain atout their uprightness and skill, may choose men to whom they may entrust themselves and their children when ill. 2 MARCIAN, Public Affairs, book 1: Those decrees which are made when the proper number of decurions is not present are not valid. 3 ULPIAN,Appeals, book 3: It is, however, laid down in the lex municipalis that the ordo may not meet except when two thirds are present. 4 ULPIAN,Duties o f Curator Rei Publicae, sole book: Decrees of decurions which favor individuals are to be rescinded, whether they let off some debtor or give money away. 1. Also as happens, if they have granted from the public domain an estate or a house or something to someone, a decree of this kind will not be valid. 2. But also if the decurions have decreed a salary to someone, this decree will sometimes be of some 438 BOOK FIFTY IDECREES BY ORDO 9 (7) PAUL, Praetor's Edict, book 1: If a son-in-power holds a magistracy at his father 's wish, Julian held that the father was liable for the whole of the loss suffered by a community because of him. 10 (8) MODESTINUS, Rules, book 8: The reversal of an error in accounting will be accepted even after ten or twenty years. But if the accounts are said to have been reckoned up corruptly, they will not be accepted [as being...


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