13. VARIOUS AND EXTRAORDINARY JUDICIAL EXAMINATIONS AND IF A JUDGE IS SAID TO HAVE NEGLECTED HIS DUTY
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BOOK FIFTY/JUDICIAL EXAMINATIONS 443 nity not on account of an office and has begun it and has died before completing it, an heir from outside the family must either complete it or if he prefers give a fifth part of the patrimony left him by the man who had begun to erect the building to the community in which the erection of the building was going on; but he who is among the sons, if he is an heir, is bound to contribute not a fifth part but a tenth. This is what the deified Antoninus established. 15 ULPIAN,Duties of Curator Rei Publicae, sole book: The deified Pius issued a rescript to the effect that among the sons is included the grandson born from a daughter. 13 VARIOUS AND EXTRAORDINARY JUDICIAL EXAMINATIONS AND I F A JUDGE IS SAID TO HAVE NEGLECTED HIS DUTY 1 ULPIAN,All Seats of Judgment, book 8: The governor of a province regularly settles the law on salaries, but only for the teachers of the liberal pursuits. We regard as liberal pursuits those which the Greeks call eleutheria. Rhetors will be included, grammarians, geometricians. 1. The claim of doctors is the same as that of teachers, perhaps even better, since they take care of men's health, teachers of their pursuits. And as a result in their case also judicial hearings must take place outside the regular system. 2. And let governors also hear cases involving obstetricians, who seem to practice a sort of medicine. 3. Some will perhaps regard as doctors those also who offer a cure for a particular part of the body or a particular ill, as, for instance, an ear doctor, a throat doctor, or a dentist. But one must not include people who make incantations or imprecations or, to use the common expression of impostors, exorcisms. For these are not branches of medicine, even though people exist who forcibly assert that such people have helped them. 4. But are philosophers also to be included among teachers? I should not think so, not because the subject is not hallowed, but because they ought above all to claim to spurn mercenary activity. 5. Likewise, governors should not hear cases involving teachers of civil law; knowledge of civil law is indeed a most hallowed thing, but something which is not to be valued in terms of money or dishonored by seeking in court a fee which should have been offered voluntarily when someone began to follow such a calling. 6. Although also masters of an elementary school are not teachers, nonetheless, the custom has arisen that cases involving them should be heard, also those involving archivistsand shorthand writers and accountants or ledgerkeepers. 7. But the governor of aprovince must not hear outside the regular system cases of workers or craftsmen in fieldsother than those involvingwriting or shorthand . 8. And if assistants ask for a salary, they are in the same position as is established for teachers. 9. And the governor must take cognizance of all such claims, since the deified brothers issued a rescript to the effect that they might be proceeded against as one proceeds against advocates. 10. As regards the fees for advocates, the judge must proceed in such a way that he sets the level in relation to the nature of the case and the skill of the advocate and the custom of the circuit and the court in which the advocate was to plead, provided the amount does not exceed the legal fee; for this is the provision of a rescript of our emperor and his father. The words of the rescript are as follows: "If Julius Maternus, whom you wished to be the advocate in your case is prepared to take the case which was entrusted to him, you may reclaim only the amount of money which exceeds the legal limit." 11. We must regard as advocates all those at any rate who work on pleading cases with a certain degree of application; but those who regularly receive remuneration for drafting a case without being present at the hearings will not be regarded as advocates. 12. If surety has been provided to someone for a fee or if anyone has made a pact over a suit, we must consider whether he can claim. And, indeed, there is a rescript about pacts by our emperor and his deified father in these terms: "You yourself admit that money was wrongly promised to you for a suit. But this...