4.1.183 to 4.1.186

(128) Again, if this, though it appears at first sight to be just, for some reason or other injures the plaintiff, another addition to the pleadings is required by which the plaintiff may be protected, and this is called a Triplicatio . (129) Sometimes the multiplicity of affairs requires the use of additional exceptions to those which we have already mentioned. [1] (130) Let us now consider Prescriptions, [2] which have been adopted for the benefit of the plaintiff. (131) For it is frequently the case that, under the same obligation a party is required to do something for us at present, and something more at a future time. For instance, where we have stipulated for the payment of a certain sum of money every year, or every month, and, at the end of the year or month, a sum of money is required to be paid to us for this time; and with reference to years to come, although an obligation is understood to have been contracted, the time of payment has not yet arrived. Therefore, if we desire to bring an action to recover what is now due, and to proceed to joinder of issue and leave the future discharge of the obligation unimpaired, it is necessary, when we bring suit, to make use of the following prescription: "Let the proceedings have reference only to what is at present due." Otherwise, if we bring suit without making use of this prescription, under the formula by which we sue for an uncertain amount, the statement of the claim is expressed as follows: "Whatever it appears that Numerius Negidius should transfer to, or do for Aulus Agerius," brings the entire obligation, that is to say, also what is due in the future, into court; and no matter what may be due hereafter it cannot be collected, nor can an action subsequently be brought to recover the remainder.