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d to signify the defendant. [11] Perhaps "on every other day" or "on three market-days" is meant. [12] This means, we suppose, that the litigant requiring evidence must proclaim his need by shouting certain legal phrases before the residence of the person who is capable of supplying such evidence and who thereby is summoned to court. [13] Some scholars suggest that the Latin represented by the words "and for matters in court" should be omitted and that the passage should open "For persons judged liable for acknowledged debt", thus restricting the period of thirty days' grace only to matters of debt. Even if this view be correct, it disproves not the probability that the thirty days applied to various kinds of cases. [14] "Shall cut pieces" (_partes secanto_) is explained variously: "to divide the debtor's functions or capabilities", "to claim shares in the debtor's property", "to divide the price obtained for the sale of the debtor's person", "to divide the debtor's family and goods", "to announce to the magistrate their shares of the debtor's estate"; the old Roman writers, however, understand by the phrase that the creditors can cut their several shares of the debtor's body! [15] In primitive times a father can sell his son into slavery. If the buyer free the son, the son reenters his father's control (_patria potestas_). Here apparently we have an old _formula_ surviving in a sham triple sale, whereby a descendant is liberated from the authority of an ascendant, or after a triple transfer and a triple manumission the son is freed from his father and stands in his own right (_sui iuris_). [16] Otherwise (an interpretation probably, perhaps not a paraphrase): "After ten months from [the father's] death a child born shall not be admitted into a legal inheritance." [17] "Full age" for females is 25 years. For keeping women of full age under a guardian almost no reason of any worth can be urged. The common belief, that because of the levity of their disposition (_propter animi levitatem_) they often are deceived and therefore may be guided by a guardian, seems more plausible than true. According to Roman Law of this period a woman never has legal independence: if she be not under the power (_potestas_) of her father, she is dependent on the control (_manus_) of her husband or, unmarried and fatherless, she is subject to the governance (_tutela_) of her guardian. [18] Agnates (_agnati_) are relatives
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