4.1.261 to 4.1.265

(184) However, when the adversary who has been summoned appears in court, and the business cannot be finished on the same day, the defendant must furnish security; that is to say he must promise to appear on some other designated day. (185) Security in certain instances is simple, that is, given without sureties; and in others it is given with sureties; in still other instances, it is given by oath; and in some cases a reference is made to judges, that is to say, if the party does not appear, he may be immediately condemned to pay the amount of the security by the judges; and all these things are explained at length in the Edict of the Prætor . (186) If proceedings have been instituted for the collection of a judgment, or for money expended for a principal, the amount of the security is equal to the value of the property in dispute. But in other cases the amount is that which the plaintiff swears that he has not brought suit for with the intention of causing annoyance; provided that the security is not more than half the sum in question, or more than a hundred thousand sesterces. Hence, if the property in dispute is valued at a hundred thousand sesterces, and the action is not for the collection of a judgment, or money expended for a principal, the amount of the security cannot be more than fifty thousand sesterces. (187) Those persons whom we cannot summon to appear in court without the permission of the Prætor, we cannot compel to furnish security for their future appearance; unless the Prætor, after having been applied to, grants permission. END OF THE INSTITUTES OF GAIUS. Roman Law Homepage Rome Law Texts