4.1.146 to 4.1.150

(103) Actions are either founded upon law, or are derived from the authority of a magistrate. (104) Actions founded upon law are those which are brought in the City of Rome, or within the first mile-stone from that city, between Roman citizens before a single judge. Those brought under the Lex Julia Judiciaria expire after the lapse of a year and six months, unless they have been previously decided; and this is the reason why it is commonly stated that under the Lex Julia a case dies after a year and six months have elapsed. (105) Actions derived from the authority of a magistrate are those brought before several judges, or before a single judge, if either the latter or one of the litigants is an alien. These actions belong to the same class as those which are brought beyond the first mile-stone from the City of Rome; whether the parties litigant are Roman citizens or aliens. Cases of this kind are said to be derived from the authority of the magistrate, for the reason that the proceedings are only valid as long as he who directed them to be instituted retains his office. (106) Where an action is brought under the authority of a magistrate, whether it is real or personal, or whether it was based upon a formula of fact, or a statement of law, it is not by operation of law a bar to subsequent proceedings having reference to the same matter, and therefore it is necessary to plead an exception on the ground that a decision has already been rendered, or that issue has been joined in the case. (107) If, however, a personal action based on a legal statement has been brought by the formula relating to claims under the Civil Law, an action cannot subsequently be maintained with reference to the same matter by operation of law, and for this reason an exception will be superfluous. If, however, a real action, or an equitable personal action based upon fact, should be brought, proceedings may nevertheless subsequently be instituted, by operation of law; and on this account an exception on the ground that the question has already been decided, or that issue has been joined, will be necessary.