Lex Equitia de iurisdictione (Nova Roma)

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Contents

This lex is currently IN FORCE.


Approved by Comitia populi tributa
Yes: 27 No: 1 Abs.: 7
Non. Oct. Cn. Salice Cn. Equitio cos. MMDCCLVII a.u.c.



This law is enacted in order to further define the term "competence" as used in the Lex Salicia Iudiciaria

I.

The praetores shall have competence to grant trial in any matter between citizens (or in any matter between a citizen and a peregrinus or between peregrini provided that the conditions set in the Lex Salicia Poenalis, Article VII. B are observed), with the following exceptions:

A.The praetores shall not grant trial against a reus who is a sitting magistrate.
B.The praetores shall not grant trial against a reus who is a former dictator regarding any action taken by that person in the course of his duties as dictator.

II.

Whenever a praetor shall receive a petitio actionis regarding which he is forbidden by this lex from granting trial, he shall dismiss the petitio actionis under the Lex Salicia Iudiciaria article II. A.

III.

The governor of a provincia shall have competence to grant trial in any matter between citizens who live in that provincia (or in any matter between a citizen and a peregrinus who both live in that provincia or between peregrini who both live in that provincia provided that the conditions set in the Lex Salicia Poenalis, Article VII. B are observed).

A.In such cases, all laws concerning the administration of justice shall apply as usual, any reference to the praetor or the praetores being construed as referring to the governor.
B.Should the praetores receive any petitio actionis concerning a matter which is between two citizens who live in the same provincia, or between a citizen and a peregrinus who live in the same provincia, or between two peregrini who live in the same provincia, they shall pass the petitio to the governor of that provincia.
C.Should a petitio submitted to a governor be dismissed by that governor, or should the governor fail to respond to such a petitio within 120 hours (5 days) of its submission, the petitioner may submit the same petitio to the praetores, and the praetores may deal with the petitio as under the lex Salicia iudiciaria and all other relevant laws.

Section headers in double parentheses are unofficial and have been inserted for convenience.

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