4.1.246 to 4.1.251

Original manuscript indistinct. for a certain sum of money which has been lent, or to collect a debt formerly incurred. Where suit is brought to collect a loan, the amount is one-third of the sum in question; and in the case of the acknowledgment of a balance due, it is one-half. (172) If no deposit was made as a forfeit, and the penalty of double damages was not imposed upon the party against whom the action was brought, and under it, from the beginning, no more than simple damages can be collected; the Prætor permits the plaintiff to require the defendant to swear that he has not made a denial for the purpose of annoyance. Hence, although the heirs and those who are considered to occupy the position of heirs, are not subject to a penalty, and women and wards are exempted from the penalty of a forfeit, the Prætor, nevertheless, orders them to be sworn. (173) Moreover, in some cases from the beginning an action for more than simple damages will lie; as in an action of manifest theft a fourfold penalty, in non-manifest theft a double penalty, and when stolen property has been delivered to another a threefold penalty can be collected; for in these and some other instances, the suit is for more than simple damages, whether the party denies, or admits the claim. (174) Vexatious litigation by the plaintiff is also restrained sometimes by the action for this purpose, sometimes by the contrary action, sometimes by oath, and sometimes by a counter stipulation. (175) The action of vexatious litigation is applicable as against all other actions, and is for the tenth part of the claim, but for the third part when brought against a joint stipulator.