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fere uulnerato. in utroque autem, si post moram deterior res facta sit, Marcellus scribit libro uicensimo habendam aestimationem, quanto deterior res facta sit: et ideo, si quis post moram seruum eluscatum dederit, nec liberari eum: quare ad tempus morae in his erit reducenda aestimatio.

4. Gaius libro nono ad edictum prouinciale. Si merx aliqua, quae certo die dari debebat, petita sit, ueluti uinum oleum frumentum, tanti litem aestimandam Cassius ait, quanti fuisset eo die, quo dari debuit: si de die nihil conuenit, quanti tunc, cum iudicium acciperetur. idemque iuris in loco esse, ut primum aestimatio sumatur eius loci, quo dari debuit, si de loco nihil conuenit, is locus spectetur, quo peteretur. quod et de ceteris rebus iuris est.

stance, when a slave is mortally wounded. But in either case', if the thing has decreased in value after default has been made, Marcellus in his twentieth book says, an estimate must be made of the amount of its depreciation; and so, if any one has given up a slave, who lost an eye after default was made, he is not absolved: wherefore in such cases the valuation must be referred to the time of default.

4. Ulpian. If any merchandise, which ought to be given on a particular day, is claimed, as wine, oil, corn, Cassius says the amount in issue must be valued according to what it was worth at the date at which it ought to have been given: but, if there was no agreement as to this date, according to its worth at the time when the suit was instituted3. And the same must be the rule as to place, so that primarily the value must be taken at the place where it ought to have been given, and if there was no agreement as to the place, that place is regarded where the demand was made. And this is the rule as to other matters also.

1 Sc. whether the thing is in existence or not.

2 These rules accord with those given in D. 13. 1. 8. 1 and D. 45. I. 59, if we bear in mind the maxim stated in D. 13. 1. 20, that a thief is

always in mora.

3 Unless the defendant was in mora: for then the plaintiff can claim the highest value since the time, of default, if that is greater than the value at litis contestatio.

CAMBRIDGE: PRINTED BY C. J. CLAY, M.A. AT THE UNIVERSITY PRESS.

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Cambridge: DEIGHTON, BELL, AND CO.

Leipzig: F. A. BROCKHAUS.

2500

The Cambridge University Press.

THE HOLY SCRIPTURES, &c.

THE CAMBRIDGE PARAGRAPH BIBLE of the Authorized English Version, with the Text Revised by a Collation of its Early and other Principal Editions, the Use of the Italic Type made uniform, the Marginal References remodelled, and a Critical Introduction prefixed, by the Rev. F. H. SCRIVENER, M.A., LL.D., Editor of the Greek Testament, Codex Augiensis, &c., and one of the Revisers of the Authorized Version. Crown Quarto, cloth, gilt, 215.

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