such a penalty that the person in contempt may not thereby undergo
either great weakness or exhaustion, or death. Any one who refuses to
obey the mandate of the judge, and conceals himself, so that the judge
cannot easily find him, and does not present himself in court within
four days after the appointed time, but presents himself upon the fifth
day, shall not be subject to the sentence of this law. In like manner,
if any one who, at the time, is distant more than a hundred miles,
should appear upon the eleventh day after the appointed time, he shall
not undergo the penalty of this law. And also, if he who is distant two
hundred miles, should present himself in court on the twenty-first day
after he has been summoned; he shall be free from punishment under this
law. And a similar regulation shall prevail where the length of the
journey is still longer. And, finally, if he to whom reasonable time
has been given, should purposely delay, and does not appear, upon the
last day prescribed by law, the judge shall at once grant the prayer of
the plaintiff; and if, subsequently, the other party should appear in
court, and the twenty-first day shall have passed, he shall be fined
twenty _solidi_ of gold. And if he that is distant more than a
hundred miles, should exceed the term of eleven days, he shall be
liable to a fine of ten _solidi_: of which the judge shall reserve
for himself half, and the other half shall be given to the plaintiff.
But if sickness should prevent one who is summoned from appearing; or
if he should be hindered by an inundation; or his paths across the
mountains should be obstructed by snows; this must plainly appear; and
the truth must be established either by credible witnesses, or by the
oath of the party himself.
=FLAVIUS CHINTASVINTUS, KING.=
=XVIII. Where a Judge Refuses to Hear a Litigant, or Decides
Fraudulently, or Ignorantly.=
If any one should file a complaint against another before a judge, and
the latter should refuse to hear him, or deny him the use of his seal,
or, under different pretexts, should delay the trial of his cause, not
permitting it to be heard, through favor to a client or a friend, and
the plaintiff can prove this by witnesses, the judge shall give to him
to whom he has refused a hearing, as compensation for his trouble, a
sum equal to that which the plaintiff would have received from his
adversary by due course of law; and he who brought the suit may have
it continued until the time appointed by law; and, when it comes
before the court for trial, he shall receive the judgment to which he
is entitled. But if the plaintiff should be unable to prove either the
fraud or undue procrastination of the judge, the latter shall make
oath that he, through no malice, nor through favor or friendship, has
delayed the hearing, and, by reason of this oath, the judge shall in no
manner be deemed guilty.
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