n that business; it is called institoria, because a person
appointed to manage a business is termed an institor. And these actions
are granted by the praetor even if the person whom one sets over a ship,
a shop, or any other business, be a free man or another man's slave,
because equity requires their application in these latter cases no less
than in the former.

3 Another action of the praetor's introduction is that called
tributoria. If a slave, with the knowledge of his master, devotes his
peculium to a trade or business, the rule which the praetor follows, in
respect of contracts made in the course of such trade or business, is
that the peculium so invested and its profits shall be divided between
the master, if anything is due to him, and the other creditors in the
ratio of their claims. The distribution of these assets is left to the
master, subject to this provision, that any creditor who complains of
having received less than his proper share can bring this action against
him for an account.

4 There is also an action in respect of peculium and of what has been
converted to the uses of the master, under which, if a debt has been
contracted by a slave without the consent of his master, and some
portion thereof has been converted to his uses, he is liable to that
extent, while if no portion has been so converted, he is liable to the
extent of the slave's peculium. Conversion to his uses is any necessary
expenditure on his account, as repayment to his creditors of money
borrowed, repair of his falling house, purchase of corn for his slaves,
or of an estate for him, or any other necessary. Thus, if out of ten
aurei which your slave borrows from Titius, he pays your creditor five,
and spends the remainder in some other way, you are liable for the whole
of the five, and for the remainder to the extent of the peculium: and
from this it is clear that if the whole ten were applied to your uses
Titius could recover the whole from you. Thus, though it is but a single
action which is brought in respect of peculium and of conversion to
uses, it has two condemnatory clauses. The judge by whom the action is
tried first looks to see whether there has been any application to the
uses of the master, and does not proceed to ascertain the amount of
the peculium unless there has been no such application, or a partial
application only. In ascertaining the amount of the peculium deduction
is first made of what is owed to the master o