courts, the custom used to be as with the Romans, of refusing testimony
from those who were interested, but this has been removed. On the
failure of regular proof, the Roman law allowed a party to refer the
facts in a civil action to the oath of his adversary.

[Sidenote: Condition of debtors.]

Under the empire every judgment was reduced to writing and signed by the
judge, and then entered upon a register. [Footnote: C. vii. 45, 12.]
After the sentence, the debtor was allowed thirty days for the payment
of his debt, after which he was assigned over to the creditor and kept
in chains for sixty days, during which he was publicly exposed for three
market days, and if no one released him by paying the debt, he could be
sold as a slave. Justinian extended the period to four months for the
payment of a judgment debt, after which, if the debt was not paid, the
debtor could be imprisoned, but not, as formerly, in the creditor's
house. At first the goods of the debtor were sold in favor of any one
who offered to pay the largest dividend, but in process of time, the
goods of the debtor were sold in detail, and all creditors were paid a
ratable dividend. In no respect are modern codes superior to the Roman,
so much as in reference to imprisonment for debt. In the United States
it has practically ceased, and in England no one can be imprisoned for a
debt under 20 pounds, and in France under 8 pounds.

[Sidenote: Appeal.]

Under the Roman republic, there was no appeal in civil suits, but under
the emperors a regular system was established. Under Augustus, there was
an appeal from all the magistrates to the prefect of the city, and from
him to the Praetorian prefect or emperor. In the provinces there was an