There are some judges who, on account of cupidity, and in violation
of the provisions of the law, presume to reserve for themselves the
third part of the property involved in the causes which are brought
before them; wherefore, we now decree by the present law, in order to
effectually abolish this practice, that no judge shall accept more for
his trouble, after the case has been properly considered and decided,
than has been fixed by a former law, to wit, twenty _solidi_.
If any one should fraudulently attempt to extort more than this sum,
he shall lose the entire compensation which he would have lawfully
received; and also, because he has unjustly appropriated more than
twenty _solidi_, contrary to the provisions of the law, he shall
pay double that amount to him from whom he directed it should be
taken. And likewise, because we are aware that certain bailiffs who
busy themselves in the affairs of others, receive greater compensation
for their labor than they deserve; we also decree by this law, that
no bailiff who is employed in any lawsuit, shall have more than ten
_solidi_ for his fee. And if any one should presume to extort more
than this established amount, he shall not only lose his legitimate
fee, but also he shall restore to the person from whom he received it,
double the amount which he has extorted. The fees of both judge and
bailiff shall be paid by the party against whom judgment is rendered;
and if a case should occur where a settlement cannot be made, the
legal compensation of the judge and the bailiff shall be required of
both parties. The same rule shall apply to a debtor who did not return
upon the appointed day, the money which he has borrowed; as well as to
one who unjustly retains the property of another; and also, in cases
of partition, where both parties demand their rights from the judge,
it shall be required of each of them, that he pay to the court his
portion of the fees aforesaid. And, likewise, where no crime has been
proved; or no contempt, unlawful possession, or indebtedness have been
established; this provision shall be in force, and the fees of the
judge and the bailiff shall be paid by both parties.
In cases of partition, where one of the parties causes unnecessary
delay; as soon as the fact shall come to the knowledge of the judge,
he may exact his fee and that of the bailiff from him who has delayed
to assert his claims within the specified time. If any corrupt bailiff
should fail to execute an order of the judge, when the property
involved is worth an ounce of gold, or less, the bailiff shall pay
to him who is entitled to the judgment, a _solidus_ of gold;
and where the property is worth more, he shall pay for every ounce,
a _solidus_, on account of his delay. And if the property in
question should be worth more than two ounces, and not more than a
pound of gold, said bailiff shall receive ten lashes, and the number of
lashes shall increase with the number of pounds of gold.
Public-domain text, read in full here on John Shaqi.
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