Where any person authorizes another to conduct a case for him, and
dies before it is heard, said authority shall determine; and if he who
received it should be surprised by death before the cause is heard,
then also the order addressed to him before his death shall have no
validity. But if the cause has been heard and energetically prosecuted
through his diligence, and yet, for some reason or other, it was not
entirely concluded, or some payment should remain to be made before
final settlement; and if the case has been prosecuted as far as he who
was commissioned to conduct it should have carried it; then, his heirs
shall be entitled to receive from the constituent whatever compensation
their ancestor would have been entitled to.
=FLAVIUS CHINTASVINTUS, KING.=
=IX. What Persons those in Power, and those that are Poor, may appoint
to Conduct their Cases.=
It shall not be lawful for any one who selects an attorney to conduct
his case, under any circumstances, to appoint a person who is more
powerful than himself, so that the capacity to oppress, or terrify, may
be greater than his own. For if a powerful person should be involved in
a lawsuit with one who is poor, and is unwilling to conduct it himself,
he cannot appoint any one else to carry it on but one of equal standing
with, or perhaps inferior to, the other party. But, on the other hand,
if a poor man chooses, he may select as his attorney any one of equal
rank and power with his adversary.
=FLAVIUS CHINTASVINTUS, KING.=
=X. Those who have Charge of the Royal Treasury, when a Suit is brought
for its Benefit, have authority to appoint whom they wish to represent
them.=
Nothing should be done rashly in matters relating to the royal
treasury. And whenever it appears advisable to proceed against any one
on behalf of the treasury, he who is charged with that duty shall have
the right to conduct the case before either the governor of the city,
or the judge. If, however, he should happen to be absent from the place
where the business is to be transacted, or should be prevented by any
accident, or even should be unwilling to appear in his own person, he
shall have the unquestionable right to appoint any one he chooses, to
bring an action in which the public interests are involved.[10]
TITLE IV. CONCERNING WITNESSES AND EVIDENCE.
=I.= _Concerning Persons who are not Permitted to Testify._
=II.= _Witnesses shall not Testify except under Oath; Where
both parties offer Witnesses which should be
Believed; and Where a Witness Testifies Falsely._
=III.= _Where a Witness Testifies Orally, and Written Evidence
Contradicts Him._
=IV.= _A Slave shall not be Believed unless he Belongs to the
Crown; and When Royal Slaves shall be Believed._
=V.= _A Witness shall not give His Testimony in Writing, but
Orally, and How Testimony should be Given._
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