=II. The Judge must inquire of a Litigant, whether the Suit brought by
Him is his Own, or that of Another.=
The judge must, in the first place, make inquiry of a litigant whether
he is conducting his own case, or that of another. He shall also be
asked whom he represents; and, after the judge has decided the case,
he shall include in the decree him by whose order the action was
prosecuted, and, in addition, he shall receive a copy of the authority
of the representative, to be filed with the record of the judgment. And
it shall be lawful for the defendant to examine the commission given
by the plaintiff, in the presence of the judge, so that he may know,
without doubt, for what reason he was brought into court, as well as
ascertain the contents of the order granting the authority.
=III. He who cannot Conduct his Cause Himself, must give Written
Authority to his Attorney.=
If any one is unable to conduct his own cause, or is unwilling to do
so, he must appoint a representative, by an instrument in writing,
under his own hand, confirmed by the seals and signatures of witnesses.
And if any such representative should be guilty of collusion with his
adversary, so that he is defeated, he shall pay to his principal, as
much of his own property as the latter has lost, or as much as he ought
to have obtained. But it shall not be lawful for a slave to conduct
any case whatever, through the commission of another, unless on behalf
of his master or mistress, or of the Church, or of some poor person,
or under the commission of the royal treasury. If, through either
the neglect or misconduct of the judge, or through the perjury of a
witness, the provisions of this law should not be carried out, then it
shall be the duty of the king to enforce the same.
=FLAVIUS CHINTASVINTUS, KING.=
=IV. Torture shall, in no Case, be inflicted upon Persons of Noble Birth
who are acting as Representatives of Others; and, In what way a Freeman
of the Lower Class, or a Slave, may be subjected to Torture.=
Public-domain text, read in full here on John Shaqi.
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