4.1.235 to 4.1.238

(165) Hence, if he does not demand an arbiter, but leaves the tribunal without doing so, the affair is brought to a conclusion at the risk of the parties; for the plaintiff challenges his adversary to deposit the forfeit which shall be paid if, in disobedience to the Edict of the Prætor, he does not produce or restore the property; and the defendant restipulates in opposition to the demand for a forfeit by his opponent. The plaintiff then delivers to his adversary the formula of the forfeit to be deposited, and the latter in his turn delivers that of the restipulation. The plaintiff, however, adds to the formula of the promise of a forfeit another action for the restipulation or the production of the property in question, so that if he should be successful, and the property is not either reduced or restored to him . . . . [1] (166) When a double interdict has been granted, the mesne profits are sold at auction and the highest bidder is placed in possession of the property, provided he furnishes his adversary security under the stipulation for the enjoyment of the profits; the force and effect of which is that if judgment should be rendered against him with reference to possession, he shall pay his adversary the sum provided for in the stipulation. This bidding between the parties is designated the bidding for the profits, because they contend with one another for the profits of the property during the preliminary proceedings. After this, each one of them challenges the other to deposit the forfeit to be -paid by the promisor, if he has by violence interfered with the possession of his adversary, and hence has violated the Edict of the Prætor; and each of them mutually bind themselves, or the two stipulations being united so that one promise is made between them, and also one restipulation is entered into by one party against the other, which is the more convenient way of proceeding, and therefore the one most generally in use.