of the action, but before it has been decided, the action
is thereby extinguished;

9 and if a guardian fails to appear to a summons of which the object is
to fix by judicial order a certain rate of maintenance for the pupil,
the rescript of the Emperors Severus and Antoninus provides that the
pupil may be put in possession of the guardian's property, and orders
the sale of the perishable portions thereof after appointment of a
curator. Consequently, a guardian may be removed as suspected who does
not provide his pupil with sufficient maintenance.

10 If, on the other hand, the guardian appears, and alleges that the
pupil's property is too inconsiderable to admit of maintenance being
decreed, and it is shown that the allegation is false, the proper course
is for him to be sent for punishment to the prefect of the city, like
those who purchase a guardianship with bribery.

11 So too a freedman, convicted of having acted fraudulently as guardian
of the sons or grandsons of his patron, should be sent to the prefect of
the city for punishment.

12 Finally, it is to be noted, that guardians or curators who are guilty
of fraud in their administration must be removed from their office even
though they offer to give security, for giving security does not change
the evil intent of the guardian, but only gives him a larger space of
time wherein he may injure the pupil's property: 13 for a man's mere
character or conduct may be such as to justify one's deeming him
'suspected.' No guardian or curator, however, may be removed on
suspicion merely because he is poor, provided he is also faithful and
diligent.

BOOK II.

TITLES
I. Of the different kinds of Things
II. Of incorporeal Things
III. Of servitudes
IV. Of usufruct
V. Of use and habitation
VI. Of usucapion and long possession
VII. Of gifts
VIII. Of persons who may, and who may
not alienate
IX. Of persons through whom we acquire
X. Of the execution of wills
XI. Of soldiers' wills
XII. Of persons incapable of making wills
XIII. Of the disinherison of children
XIV. Of the institution of the heir
XV. Of ordinary substitution
XVI. Of pupillary substitution
XVII. Of the modes in which wills become
void
XVIII. Of an unduteous will
XIX. Of the kinds of and differences
between heirs
XX. Of legacies
XXI. Of the ademption and transf