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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.
1 Formerly, whatever was received by a child in power of either sex, with the exception of military peculium, was acquired for the parent without any distinction; and the parent was entitled to give away or sell to one child, or to a stranger, what had been acquired through another, or dispose of it in any other way that he pleased.
While the Castrense Peculium constituted as yet the sole exception to the father's power over property, and while his power over his children's persons was still extensive, the Roman citizenship, and with it the Patria Potestas, were spreading into every corner of the empire.
Besides, I love him for the various changes which he has endured through life, and which have been so great as to make him entitled to be regarded in one point of view as the most fortunate in the other, the most unfortunate man in the world. He has gained and lost two fortunes by the same good luck, and the same rash confidence, which raised, and now threatens, my peculium.
Hastings was to obtain a gift of 40,000l., over and above a large increase of rent, over and above the exactions by which the farmer must reimburse himself for the advance of the money by which he must obtain the natural profit of the farm as well as supply the peculium of his own avarice. Therefore your Lordships will not be surprised at the consequences.
Nearly all the provisions of this relatively liberal code were adopted afresh when Louisiana became a territory and then a state of the Union. In assimilation to Anglo-American practice, however, such recognition as had been given to slave peculium was now withdrawn, though on the other hand slaves were granted by implication a legal power to enter contracts for self-purchase.
His fortune is among the largest; a fortune which, wholly unincumbered, as it is, with one single charge from luxury, vanity, or excess, sinks under the benevolence of its dispenser. This private benevolence, expanding itself into patriotism, renders his whole being the estate of the public, in which he has not reserved a peculium for himself of profit, diversion, or relaxation.
5 There is no doubt that a person with whom a slave enters into a contract at the bidding of his master, or who can sue by the actions exercitoria or institoria, may in lieu thereof bring an action in respect of the peculium and of conversion to uses; but it would be most foolish of him to relinquish an action by which he may with the greatest ease recover the whole of what is owing to him under the contract, and undertake the trouble of proving a conversion to uses, or the existence of a peculium sufficient in amount to cover the whole of the debt.
But if the legacy be of a slave along with his peculium, and the slave is dead, or has been manumitted or alienated, the legacy of the peculium is extinguished; and similarly, if the legacy be of land with everything upon it, or with all its instruments of tillage, by the alienation of the land the legacy of the instruments of tillage is extinguished.
A Peculiar People By Pact For a "Peculiar people" the vulgar Latine hath, Peculium De Cunctis Populis: the English translation made in the beginning of the Reign of King James, hath, a "Peculiar treasure unto me above all Nations;" and the Geneva French, "the most precious Jewel of all Nations." But the truest Translation is the first, because it is confirmed by St.
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