Incidents of Payment

It was a disputed point whether the creditor could be compelled to accept a part only of the debt, but it was held that he might require the creditor to accept part payment as a discharge pro tanto of the debt (Dig. 12, 1,21).

Application of Payments. The rules as to application of payments where a debtor owed several debts to the same creditor and made payments amounting to less than the total obligation, were in favor of the debtor. The debtor might, at the time of payment, apply the payment to the debt he intended to discharge. If the debtor made no application, the creditor might apply the payment to whichever debt he pleased, with this important qualification, that he must apply it to the debt which he himself, if debtor, would have wished to have discharged. (Code, 8, 43, 1 ; Dig. 46, 3, 1 ; Dig. 46, 3, 94, 3.) If neither party applied the payment, as between a principal debt and interest, the interest was first paid off, and as between principal debts, the payment was applied to the debt most burdensome to the debtor. (Code, 8, 43, 1 ; Hunter, 635.)

Receipts. A receipt (apocha), or written acknowledgment of payment, given by the debtor was considered stronger evidence of payment than the surrender to the debtor of the written evidence of the debt, but it was not conclusive, and bound the creditor only to the extent of the actual payment. (Hunter, 636; Code, 8, 43, 6.)

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Curators

By the Roman law a male became of age for all purposes upon reaching the age of puberty. Females, at least under the older law, never attained full legal capacity. Plainly, however, a law which gave to a boy of fourteen full power to manage his own affairs was unsafe for him, and modifications were introduced from time to time for his protection. By an early law of uncertain date passed for the relief of minors (le.r Plcetoria), they were permitted to apply to the prsetor for the appointment of a form of guardian known as a curator, who would be appointed on proof of the minor's incapacity to manage his own affairs. And in time it became the rule for magistrates to appoint a curator upon the minor's application. But a minor above the age of puberty could not be compelled to have a curator, except when, on being sued, he neglected or refused to apply for a curator, in which case a curator would be appointed on petition of the plaintiff to defend the suit. The du
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The Several Kinds of Tutors

(1) Testamentary Tutors. These were appointed by the will of the deceased paterfamilias of the pupil. This mode of appointment was authorized by the Twelve Tables. ( 2) Statutory Tutors. These succeeded to the tutela by virtue of the provisions of the Twelve Tables or of some other Statute, but only if there were no testamentary tutors. They were called legitimi tutor es. They were the agnates (by Justinian's legislation, the nearest of kin, whether agnates or cognates) who in case of the death of the pupil would succeed to his inheritance. They were appointed upon the principle that those who had the advantage of the inheritance ought to bear the burden of the tutela (ubi entolumentum successionis ibi et onus tutelcs). In this connection may be mentioned also the guardianship of the patron over his freedman, and of the father over his emancipated child. (3) In the absence of a testamentary or statutory tutor, power was ' given to certain magistrates to appoint
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Nexum

This was an ancient contract made by the ceremony of mancipation per aes et libram . Very little is known about it. Its application seems to have been very narrow, perhaps limited to the contract of loan. It was obsolete from a very early date.
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