dae uxoris ad maritum rediret praestante patre dotis usuras, nullam actionem superfore ad recipiendum quod negetur consumptum: quod si pater puellae exhibitionem mandasse se doceat, actionem mandati competere. (4) Lucius Titius fratris filio commisit rerum suarum administrationem ita: Σeiw τέκνῳ χαίρειν. ἐγὼ μὲν κατὰ φYCIN ΕἶΝΑΙ ΝΟΜΙΖω τὸ ὑπὲρ πατρὸς καὶ τῶν τοῦ πατρὸς γἱῶν πραγματεύεσθαι δίχα τοῦ tinà émitpomikun aiteîn. ei aè aeî kai toioýtoy tinóc, ẻttitpénw οι περί πάντων τῶν ἐμῶν ὡς θέλεις πραγματεύεσθαι, εἴτε πωλεῖν θέλεις είτε Υποτίθεσθαι εἴτε ἀγοράΖΕΙΝ εἴτε ὁΤΙΟΥ͂Ν πράττειν, ὡς κγρίῳ ὄντι τῶν ἐμῶν· ἐΜΟΥ͂ πάντα κύρια τὰ ὑπὸ ΣΟΥ͂ ΓΙΝΟΜΕΝΑ ΗΓΟΥΜΕΝΟΥ ΚΑΙ ΜΗΔΕΝ ἀντιλέγοντός coι πρὸς MHAEMÍAN TрAZIN. quaesitum est, si quid non administrandi animo, sed fraudulenter alienasset uel mandasset, an ualeret. the wife shall be borne by the husband, the father paying over to him the interest of the dowry, there will be no action to recover a balance which the father-in-law asserts has not been spent. But if the father of the lady can prove that he gave a mandate for her maintenance, an action of mandate will lie'. 4. Lucius Titius committed the administration of his affairs to his brother's son in these terms: "To Seius my son3, greeting. I think that it is in accordance with nature that business should be undertaken on the behalf of a father and a father's sons without any inquiry about authorization. If, however, there should be the necessity for anything of this kind, I empower you to deal as you please with all my affairs, whether you think fit to sell, or contract, or buy or do anything, as though you were owner of my property; for I shall treat everything as valid which you do, and shall not impugn any of your proceedings." The question is raised, supposing he alienated anything or gave any mandate fraudulently and not with the intent to administer, would this stand good? I replied: the mandator,

1 The dos belongs to the husband during the continuance of the marriage, and he is not accountable for the profits, so long as he properly provides for his wife: if he allows the dos to remain in the hands of his father-in-law, the interest takes the place of the profits, and of this interest he has in like manner to

give no account. But if there was no dos declared, the father remains chargeable with his daughter's maintenance; and the husband is accountable for the funds which the father puts into his hands under a mandate to employ them for her maintenance.

2 "Patruus est patris loco."

respondi eum, de quo quaereretur, plene quidem, sed quatenus res ex fide agenda esset, mandasse. item quaero, an, cum Seius magistratu functus debitor exstitisset, Lucius Titius eo nomine conueniri possit uel res eius obligatae essent propter uerba epistulae supra scripta. respondi neque conueniri posse neque res obligatas esse.

61. PAULUS libro secundo ad Neratium. Quod filio familias ut peteret mandaui, emancipatus exegit: de peculio intra annum utiliter agam. PAULUS: sed et cum filio agendum est. 62. SCAEUOLA libro sexto digestorum. Cum controuersia esset de hereditate defunctae inter scriptum heredem et patruum Maeuium et amitas, Maeuius litteris ad sorores suas factis declarauit commune futurum, quidquid ad eum ex euentu litis hereditariae peruenisset, neque stipulatio litteras secuta est: quaesitum est, cum transegerit idem Maeuius cum scripto herede ita, ut praedia et aliae quaedam res ex ea transactione ad eum peruenirent, an ex litteris suis possit a sororibus conue

concerning whom you make enquiry, gave a full commission, but with the limitation that the business must be managed with good faith. I also ask, supposing Seius, after discharging some office, was in debt (to the State), could Lucius Titius be sued on that account, in virtue of the terms of the epistle above-quoted, or could his property be held pledged? I replied, he could neither be sued, nor would his property be considered pledged'.

61. Paulus. What I commissioned a man to claim whilst he was a filiusfamilias he got in after he had been emancipated: I can within the year (subsequent) sue with effect de peculio. But the son also can be sued, says Paulus.

62. Scaevola. When there was a dispute about the inheritance of a deceased woman between the appointed heir (on the one part) and the paternal uncle, Maevius, and the paternal aunts (on the other); Maevius in a letter to his sisters engaged that whatever came to him as a result of the suit for the inheritance should be common property: but there was no stipulation subsequent to the letter. After Maevius had made a compromise with the appointed heir, to the effect that the lands and certain other property should be his by virtue of the compro

1 Lucius Titius made himself liable for his nephew's contracts, but not for his delicts.

2 The father can be sued de peculio within the year: the son in id quod facere potest perpetually. D. 15. 2.

niri. respondit posse. (1.) Mandaui in haec uerba: 'Lucius Titius Gaio suo salutem. Peto et mando tibi, ut fidem dicas pro Publio Maeuio apud Sempronium: quaeque a Publio soluta tibi non fuerint, me repraesentaturum hac epistula manu mea scripta notum tibi facio.' quaero, si non fideiussisset, sed mandasset creditori et alias egisset quam quod ei mandatum esset, an actione mandati teneretur. respondit teneri.

mise, the question was raised whether he could be sued by his sisters on account of his letter. A reply was given, that he could be sued'. 1. I gave a mandate in these terms: "Lucius Titius to his friend Gaius, greeting. I beg and I commission you to become surety for Publius Maevius to Sempronius, and I notify to you by this epistle, written with my own hand, that whatever is not paid to you by Publius I will make good." I ask, supposing Gaius did not become surety, but gave a mandate to the creditor, and did differently from the terms of his mandate, would Titius be liable in an action of mandate. The reply is that he would be liable.

1 Because he had done what was equivalent to pursuing the suit to a judgment. His letter, coupled with the tacit (or express) assent of his sisters, made him a mandatar.us.

See Introd. p. 4. (II. I.)

2 For the same reason as in the case considered in the preceding paragraph. See also D. 5. 1. 28. 2.

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