1 | If anyone summons a man before the magistrate, he must go. If the man summoned does not go, let the one summoning him call the bystanders to witness and then take him by force. |
2 | If he shirks or runs away, let the summoner lay hands on him. |
3 | If illness or old age is the hindrance, let the summoner provide a team. Summoner need not provide a covered carriage with a pallet unless he chooses. |
4 | If he who is summonses has either a protector or a defensor, let him be dismissed and his representative then takes his place before a tribunal or judge. |
5 | For a landowner, only another landowner (adsiduus) shall be guarantor (vindex); for a commoner (proletario), let anyone who cares be guarantor. |
6 | There shall be the same right [of bond and conveyance] for the loyal (forcti) as for those returned to allegiance (sanates; later Latin sanati). |
7 | When the litigants settle their case by compromise, let the magistrate announce it. |
8 | If they do not compromise, let them state each his own side of the case, in the comitium of the forum before noon. Afterwards let them talk it out together, while both are present. |
9 | After noon, in case either party has failed to appear, let the magistrate pronounce judgment in favor of the one who is present. If both are present the trial may last until sunset but no later. |
10 | Action under a solemn deposit (sacramenti) . . . either five hundred pieces if the object under dispute is valued at a thousand in bronze (as) or more, or fifty pieces if less. But where the dispute concerns the liberty of a human being, fifty pieces shall be the solemn deposit, even if the object of dispute is a slave. |
11 | In the case of serious disease, or an appointment previously made with a stranger (hostis) . . . If any of these be impediment for judge (iudici), arbiter (arbitro) , or party to the action (reo), the day set for trial shall be canceled. |
12 | He whose witness has failed to appear may summon him by loud calls before his house every third day. |