According to a SC. Iuventianum (under Hadrian), not merely all that belongs to the heritage, but every accretion in general that he has made from the inheritance has to be taken away from the defendant— 'res succedit in locum pretii et pretium in locum rei' — but, on the other hand, the bonae fidei possessor has to be liable also alone to the extent of the enrichment still subsisting. Paul. Post senatusconsultum omne lucrum auferendum esse tam bonae fidei possessori quam praedoni dicendum est.-1. 28 eod.' : Ulp. Ait senatus: 'placere, a quibus petita hereditas fuisset, si adversus eos iudicatum esset, pretia, quae ad eos rerum ex hereditate venditarum pervenissent, etsi eae ante petitam hereditatem deperissent deminutaeve essent, restituere debere; eos autem, qui iustas causas habuissent, quare bona ad se pertinere existimassent, usque eo dumtaxat (condemnandos), quo locupletiores ex ea re facti essent.'-Bonae fidei possessor si vendiderit res hereditarias, sive exegit pretium sive non, quia habet actionem, debebit pretium praestare: sed ubi habet actionem, sufficiet eum actiones praestare.-1. 20, §§ 6, 17 eod.' 1 For since the SCtum it will have to be stated that all profit must be taken away from both the bon. fid. possessor and the robber. 2 The Senate says: 'that it decides that those from whom an inheritance is claimed, if judgment have been given against them, must restore the purchase-money which has come to their hands for the sale of things belonging to the inheritance, although they should have perished or been diminished before the inheritance action was brought; . . . but those who shall have had a lawful reason for thinking that goods belonged to them (are to be condemned) only so far as they shall have been enriched by such thing.'-If a bon. fid. possessor have sold things belonging to an inheritance, he must account for the purchase-money, whether he has recovered the price or not, because an action is at his command. But when he has the action, it will be enough for him to make over the right of action. BOOK III. This is quesgeneral rule. tionable as a BOOK III. a Sc. bonae fidei possessores. b Cf. § 154 • Sc. posses. sɔriam. : Id. Quemcumque sumptum fecerint " ex hereditate, si quid dilapidaverunt perdiderunt, dum re sua se abuti putant, non praestabunt.-1. 25, § II eod.1 : Id. Item veniunt in hereditatis petitionem etiam ea quae hereditatis causa comparata sunt, ut puta mancipia pecoraque et si qua alia necessario hereditati sunt comparata. Et si quidem pecunia hereditaria sint comparata, sine dubio venient; si vero non pecunia hereditaria, videndum erit et puto etiam haec venire, si magna utilitas hereditatis versetur, pretium scilicet restituturo herede.-1. 20 pr. eod. The bonorum possessor has for the enforcement of his Praetorian right of inheritance (1) the hereditatis petitio' as utilis actio. с Gai. Per hereditatis petitionem tantumdem consequitur bonorum possessor, quantum superioribus civilibus actionibus heres consequi potest. -1. 2, D. de poss. H. P. 5, 5.3 (2) The interdictum adipiscendae possessionis 'quorum bonorum. Ait praetor: QVORVM BONORVM EX EDICTO MEO 1 Whatever outlay they (i.e., possessors in good faith) have incurred by reason of the inheritance, when they have allowed anything to decay or have lost it, whilst supposing that they consumed their own property, they will not make good. 2 There likewise come into account in the inheritance action such things as have been purchased for the benefit of the inheritance, for example, slaves and cattle, and any other thing of necessity purchased for the inheritance. And if in fact it has been purchased with money of the inheritance, it will undoubtedly belong to that. But if the purchase have not been made with money of the inheritance, it will require consideration. I am of opinion that such things also belong to it, when great advantage to the inheritance depends upon them, although the heir must of course restore the price. 3 The occupant of the goods by this action of inheritance obtains the same as the heir can obtain by the above-mentioned civil actions. ILLI POSSESSIO DATA ESSET, QVOD DE HIS BONIS PRO § 177. SUCCESSION WITHOUT AN HEIR. BONORUM ADDICTIO LIBERTATUM SERVANDARUM CAUSA. a a BOOK III. 8. IO. Property left behind without an heir (bona vacantia) Cf. Paterson, according to the lex Iulia et Papia Poppaea (caducaria) fell to the Treasury, which is responsible to the creditors and legatees, as an heir, but not beyond the value of the heritage. Ulp. xxviii. 7: Si nemo sit, ad quem bonorum possessio pertinere possit, aut sit quidem sed ius suum omiserit, populo bona deferentur ex lege Iulia caducaria." Callist. D. Pius rescripsit, vacantium bonorum nuntiationem quadriennio finiri idque tempus ex die, quo certum esse coepit neque heredem neque bonorum possessorem exstare, 1 The Praetor says: 'Of whatever goods possession has been granted to so and so by my edict, that which you possess of such goods as heir or occupant, or would possess if nothing had been acquired by use, and that of the possession of which you have divested yourself by a fraudulent act, deliver up to so and 50.' 2 Now the interdict is said to be for obtaining possession, because it is only of use to a man who is now for the first time endeavouring to obtain possession; and therefore, if after obtaining it he lose it, such interdict ceases to be of use to him. 3 If there be no one to whom the bon. poss. can belong, or if there in fact be such, but he has abandoned his right, the property passes to the People by virtue of the 1. Iulia upon escheats. BOOK III. Part III. " § 78. Sc. hereditatis petitionem. computari oportere.-1. 1, § 2, D. de I. F. 49, 14.1 Iul. Quotiens lege Iulia bona vacantia ad fiscum pertinent, et legata et fideicommissa praestantur, quae praestare cogeretur heres, a quo relicta erant.—1. 96, § 1, D. de leg. 1 (30).2 An bona, quae solvendo non sint, ipso iure ad fiscum pertineant, quaesitum est. Labeo scribit ea quae solvendo non sint, ipso iure ad fiscum pertinere; sed contra sententiam eius edictum perpetuum scriptum est, quod ita bona veneant si ex his fisco adquiri nihil possit.—l. 1, § 1, D. de I. F.3 By the sale of the heritage in the mass," the title of the Treasury passes to the purchaser. 1 Iul. Ei, qui partes hereditarias vel totam a fisco mercatus fuerit, non est iniquum dari actionem, per quam universa bona persequatur. -D. 5, 3, 54 pr.* Ulp. Item si quis a fisco hereditatem quasi vacantem emerit, aequissimum erit utilem actionem adversus eum dari.-1. 13, § 9 eod. By a rescript of the late Emp. Pius, notice of a void inheritance terminates after four years, and that time must be reckoned from the day when it is first certain that neither an heir nor a bonorum possessor is forthcoming. 2 Whenever void goods by the 1. Iulia devolve upon the Treasury, both legacies and bequests in trust are paid which the heir, upon whom they were charged, would have had to pay. The question was mooted whether an insolvent estate devolves ipso iure upon the Treasury. Lab. writes, that an insolvent estate does devolve upon the Treasury, but the perpetual Edict has decided against his view; according to which the estate is sold in case nothing is to be acquired from it for the Treasury. To a person who has purchased parts of a heritage from the Treasury it is not unreasonable that an action should be given by which he may pursue the whole estate. Likewise if a man has purchased from the Treasury a heritage as if void, it will be quite fair that an analogous action should be given against him. If the Treasury will not accept the heritage, bankruptcy proceedings are taken (sale by the creditors of the inheritance). Gai. iii. 78: Mortuorum bona veneunt velut eorum, quibus certum est neque heredes neque bonorum possessores neque ullum alium iustum successorem existere." 1 According to a Constitution of Marcus Aurelius, the Treasury is excluded in respect of property left without an heir by the bonorum addictio libertatum servandarum causa,' which is given under certain conditions to slaves enfranchised in the testament, or by an intestate codicil. Inst. iii. II pr.: Accessit novus casus successionis ex constitutione D. Marci, Nam si hi, qui libertatem acceperunt a domino in testamento, ex quo non aditur hereditas, velint bona sibi addici libertatum conservandarum causa, audiuntur: et ita rescripto D. Marci at Popilium Rufum continetur.* BOOK III. a Cf. § 204. Ulp. (Constitutio D. Marci) iubet libertatem competere servo et bona ei addici, si idonee creditoribus caverit de solido, quod cuique debetur, solvendo ;-in quem etiam utiles actiones plerumque creditoribus competunt.-D. 40, 5, 11. 2 and 3.3 The goods of deceased persons are sold, for instance, of those to whom it is certain that there are no heirs forthcoming, or possessors of the property, or any other lawful successor. A new case of succession was introduced by a constitution of the late Emp. Marcus. For if those who have received a grant of liberty from their master, in a testament under which no entry is made upon the inheritance, desire that the property should be assigned to them for the purpose of maintaining their liberty, their claim is heard. And this is contained in the rescript of the late Emp. Marcus to Pop. Ruf. 3 (A constitution of the late Emp. Marcus) directs that liberty belongs to a slave, and the goods must be adjudged to him, if he has given the creditors ample security for the payment of |