3.1.197 to 3.1.201

(171) But although we have stated that a release takes place by a fictitious payment, still a woman cannot make one without the authority of her guardian; while, on the other hand, payment can be made to her without her guardian's authority. (172) Likewise, a portion of what is due may be legally paid; but it is doubtful whether it can be partially released when paid. (173 )There is another kind of imaginary payment which is effected by bronze and balance; but this is used only in certain cases; as, for instance, where something is due on the ground that there has been a transaction by bronze and balance, or for the reason that something is due on account of a judgment. (174) This transaction takes place as follows: Not less than five witnesses and a balance-holder must be present, and then the party who is to be released must say, "For the reason that I have been condemned to pay you so many thousand sesterces, I pay and discharge this amount by means of this piece of bronze and this bronze balance; and this is the first and last pound of bronze that I pay you in accordance with public law." Then he strikes the balance with the pound of bronze, and gives it to the party by whom he is released as if by payment. (175) In the same way a legatee releases an heir from liability for a legacy which was left him by condemnation, except that, as the party against whom judgment was rendered mentions that he has been condemned; so the heir states that he has been charged by the terms of the will to pay the legacy. An heir, however, can only be released from liability in this way where the property constituting the legacy can be weighed or counted, and where the amount is certain. Some authorities hold that the same rule applies to articles which can be measured.