# Institutes of Gaius 4.1.29-30

Roman Law and Society, Institutes of Gaius, 4.1.29 to 4.1.30. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/institutes-of-gaius/4.1.29

After this the same proceedings took place as in a personal action, and then the Prætor made a temporary disposition of the property in favor of one of the parties, that is to say, he gave him possession of it for the time, and ordered him to furnish sureties to his adversary for the expenses of the suit as well as the mesne profits of the property which was the object of the action. The Prætor, moreover, took sureties for the forfeits, from both parties, for the benefit of the Public Treasury. The staff was employed instead of a spear, as an emblem of lawful ownership, for whatever was taken from an enemy a man considered to be absolutely his own; wherefore in cases tried before the Centumviri , a spear was placed in front of the tribunal. (17) If the property was of such a nature that it could not be brought or led into court without inconvenience, as for instance, if it consisted of a column, or a drove of cattle of any kind, a certain portion was brought in, and then the claim was made for that portion just as if all of it was present. Therefore, if the property in dispute consisted of a flock of sheep or goats, a single sheep or goat was brought into court, or even a single tuft of wool was produced; or if it consisted of a ship, or a column, a small part was broken off; and, in like manner, if a tract of land or a building, or an estate was the subject of controversy, a small part was brought in, and a claim was made for it in the same manner as if all the property was there; as, for instance, a clod was taken from the land, or a tile was taken from the building;

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Roman Law and Society, Institutes of Gaius. Text: The Latin Library (thelatinlibrary.com), used with permission. Changes: HTML markup removed and the text divided into reading sections by Interlinea.
License: Used with permission (https://www.thelatinlibrary.com/about.html). Source: http://thelatinlibrary.com/law/gaius.html.