THE NEW CONSTITUTIONS OF THE EMPEROR LEO.
~  LXXXIV  ~
MAGISTRATES OF CITIES SHALL BE PERMITTED TO TRANSACT BUSINESS, TO CONSTRUCT BUILDINGS, AND TO ACCEPT DONATIONS.



 
S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ).
 

 
The Same Emperor to the Same Stylianus.

  Certain regulations were established by former magistrates of this Royal City forbidding them to purchase any property either movable or immovable, or to erect any building without the authority of the Emperor; and, in addition to this, providing that donations made to said cities during their term of office would not be valid unless the donor confirmed them when they had been completed, or subsequently allowed five years to elapse; and although (as I have previously stated) these rules were adopted with the beneficent intention of preventing any violence from being committed by magistrates; still, for the reason that this abuse can be hindered by other means, they seem to be unnecessary. Therefore We desire that they shall be abrogated, and especially because, being set at naught every day, and this violation remaining unpunished, they ceased to have any effect even before Our decree was promulgated. But why are they not necessary? For the reason that everyone who has been imposed upon, whether he be poor or rich, can petition the Emperor to nullify the act of the magistrate; and this method of relief is extremely expeditious for the inhabitants of this city, so that it is no more necessary for anyone to avail himself of these provisions in this Capital, where there is abundance of assistance, than there is in the provinces, where nothing of the kind exists. Hence, in accordance with the present condition of affairs, We decree that magistrates can purchase property, build houses, and accept donations voluntarily made, without rendering themselves liable to a criminal accusation; because all those against whom any violence is intended can, in every event, avoid its execution by petitioning the Emperor. We also think We should order, with reference to provincial magistrates, that no prefect shall, during his term of office, purchase anything, erect any building for his own use, or accept any gift. So far as inferior magistrates are concerned, they must refer all these matters to the prefect, who will determine whether they should be removed from office, or continue to discharge its duties.