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as Scaevola has sald, mus never hera rechone Meto amount
ha once acte a mardianis cannot e compelle against his ill to hecome the fame person' curator-no even is theiathe who appotnte him testamenta quaesian adde in thewill that he ad hi curator too M oon a the ardreache fourteenae sis age-this havini en decide by aerescript os in Emperor Severus an Antoninus. Another 19r Crimis the fame emperor seule that a mancis entilleclto he excuse stois comin his own wila' curator, even aster intermeddling With her aflairs man is discliarge seo 20 the burde os maestanship who has procure eκemption is salse allegations.
OF GUARDI S OR CURATORS H ARE SUSPECTED. The accusation os maestans o curator o Suspicionoriginate in the statute os the welve Table the removatrio those ho are accuse on suspicio is par of the jurisdiction, a Rome of the praetor, an in the province of theirgovernor and of the proconsul's legate. Having shown What 2 magistrates an tali comisance of this subjeci let us seewhat person are table to e accused on suspicion. Allguardians are table, hether appotnted by testamen orothemise Consequently Ven a Statuto auardian a bemade the objectis suc an accusation. But what is to besaid of a patron mardiam Eveniere, must reply that heloo is liable though, must remember that his reputation mustae spare in the eventis his removal on suspicion Thera nex mini is to se What persons may bring this accusation; an it is tot observe that in actio partakes os a publiccharacter, that is to say, is Pen to all. Indeed is a rescript
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os Severus and Antoninus evem omen are made competent tobriniit, butininthos Who in allege a clos timos affectionas thei motive so instance, a mollier, nume grandmother, o sister. An the praetor ill allo inny Womano preser the accusation in homae find an affectio rea enough toinduce hereto save a pupilrimm suffering harm. ithout Meming tot more sorward than hecomes her sex. ersonibeto et age of puberty cannot accus thei Dardians o suspicion; but na rescriptis Severus an Antoninus it has been permitte to thos who have reache that age to clea thus withthei curators, aster ahing the advice of thei neares rela-
solvent, a Was the opinion ais of Julian. Indeed Julian writes that a mamian mayie remove o suspicio besore te commences his administration, and a constitution has Men6 issue in accordance it this te . A person remove homostic o suspicio incurs intam is his offence Was fraud hui nescis it Was meret negligence Astapinia held, o a Pe Son ein accuse on suspicio hecis suspendeo sto the 8 administration unti in actio is decided. Is a mardian or
curator horis accuse on suspicio die aster the Commen-ment of the action, but hesore it has been decided the action is thereis extinguishees an is a mardian satis to appea to summons os hic the objec is tora by judicia orde a
certain rate os maintenanc for the pupit, the rescriptis the Emperor Severus and Antoninus provides that the pupilis be ut in possession os the mamian's Properim an ordem me sale os the perishable portions thereos aster appiant-ment os a curator Consequently a Dardian a b remove a suspected Who domino provide his pupil With sum- 10 cient maintenance. s, o the ther and the vardianappeam, an alleges that the pupil' properinis to inconsiderable to admit os maintenance Min decreed, and it is shown that the allegation is salse, in prope course is sortim tote sent sor punishment to the presectis the city like inose 11 who purchas a mamia hi hy bribe . Sonoo a medman, convicted os havin acie fraudulentinas Damianis the fonsor grandsons os his patron, shouldie sent to the presectis the
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NNE XXVI. 35ci Io punishment. Finalty, It is tot noted that mardians 12or Curat s whorare milinos haud in thei administration mustbe remove stom thei office even though the offerri give Security, soraiving securit cloes not change the evit intent of the marclian, ut ni oves hi a large space of time heret he ma injure the pupil' propeny sor a man' mere 13 character o conduci may be suc acto justisnone' deeming him suspected.' o guardiano curator however a beremove o suspicio meret bemuse heris poor, provide heis also latinsul and diligenu
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to all-ine ir, running Water, the ea, an consequently thesea-shore. o ne there re is sorbidde acces to the se
shore, provide he abstains rom injur to ouses, monuments an huildings generalty rior these are not like the se iiseis, subject to the la os nations. O the therhand allisivere an har ursore public so that ali personsa have a right to fis therein The sea-shore extencis to the limit os the ighest id in time os stor or inter. 4 Again the public se os the ank of a river, as os in riverilaeis, is par of the law of nations consequently every one isentitie to rin his esse to the ank, an fasten abies toth trees gro in there, an us it as a restin place so thecargo, aisreely ache mannavigat the rive iiseis ut theownershimo the an is in the wner of the adjoining lanci, an consequently so to is the wnershi of the tree which5 grow um it Again the public se of the ea-shore, as sine se ilaeis, is par of the law of nations consequently everrione is re to buit a cottam pon it sor purposes of retreat, as et a to dry his et an hau them uiseo thesea But the cannoti sal to belondito any one a private
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proper , ut ather re subject to the fame lawas the ealtself, 1in the sol or sand whic lies heneat it A ex 6 amples of things elongin to a societnor corporation, and not to individuals may be cite bulldings in cities-theatres,mCECoumes, an such other simila things ac long to cities in thei corporate caPacity. Things hic are sacred devote to superstitious uses, ora Sanctioned helong tomo one, sor,hat is subjectrio divine lawis no one's proper . hose things are sacre&whic have been gduly consecrate toruo hymis ministere, such a churches and votive offering which have been properly dedicatessito His Service and these We have by ur constitution sorbiddemto Malienared or pledged except to recleem captives seo hondam. Is any one attempta to consecrate a thinisor himself and is hisown authori , iis character is unaltered, and it cloes nothecomesacressi h ground om hicli a sacre huildiniis erecte re- main sacre even aster the destructionis the bulldinia a was declare also Diapinian Any one an devote a place tora superstiti s uses of his own De Will that is to say, by bu india dea hody in his own land It is no lawsul howeve tobur in land whic one ownsciointly with some ne else, rwhichinas not hitherio been se so this purpose, Without theother' consent, though one a lawsuli bur in commonsepulchre even without such consent Again the o ne mayno devote a place to superstitious uses in hic another has usuisuci, Wit ut in consent of the lalter. It is lawsul tobur in another man's ground is he gives permission, and theground thereb hecomes religious even though h should notove his consent to the interment tili aster it has talien place. Sanctione ining too such as ity Walis an gales, re in a Iosense, subjectrio divine iam and theresore are notiwned by any individual Such Walis are said o bes sanctioned, hecause any offence against them is visite with capita punishment sor hic re ominose paris os the laws in hich, est lisha penalty for thei transgressor are calleo sanctions.
Thingi come the private properinos individualii manni 1ways so the tities by which, acquire merahi in themare ome of them ille os natura law, which, as we aid, is calle the la os nations, hil some os themare ille os
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civit iam It wil thus hemost convenient to lata the olderia firet an natural la is clearly the older, havin Meninstitute is nature at theraret orion os maniund whereaseivii laws fidit came into existence when states hesounded magistrates tot created, and laws tome riuen. 12 Wild animais, hirus, and fish, that is to sarati the creatures whichahe land the sea, and the so produce, a mon a theyare cauo by any ones come a once in properinos their capto by the law of nations sor natura ream admit thetille os therars occupant to that hic previousi hin noomer So sar a the occupant' titte is concerneci, it is immaterial hether it is o his own an or o that ofanother that he catches Wil animal or bims, though it is cleartha is he go in another man's land so the salie sciuntingor sowling the latis may sorbi him enirnis aware os hispum e. An animal thus cauo by muris deemed our propertris long ascit is completely unde mur controi bul
it though it, secto Maour When o cerae the Purauit, an comes again the properino any one in catinescit:
others have been os opinion that it cloes notaetondito ou tillyo have actuali cavo i An we confirminis attervie , sor it ma tamen in man ways that ou Wil noti capture it Bees again are naturalinwild henceris a swarmsetties o mur tree, it is no more considereo mum untii mu
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Μor ver soli hic a rive has adde to ou lan is 20 alluvion comes mura by the la os nations. Alluvionis an imperceptibi addition and that hic is adde so gradually that ou cannot perceive the exac increas homone momen os time to another is adde by alluvion. Is ai .eve the violence of the stream sWeeps Way a parcet os murum an carries it clown to the land of your neso usiit clearly remain youm though os courae is in proces os
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time it ecomes firmi attache to our et boues lani, an the trees hic it carried Wit it strili mo in the lalter, the are deeme sto that time o have ecome pari ancl22 parce thereos. When an istan rises in the ea, though this raret happens, it elong to the rs occupant sor, untii occupieri, it is hel to belong tomo one. Phowever as ostenoCCursyan 1sland rises in a river, an it lies in the micidi ofine stream, it helong in common to the lando ners oneitheriank in proportion to the extent of thei riparia interestu ut i it lies ne ero one an inan to the other, it long to the lando ners o that an only. Is a riverdivides into two channeis, and by unitin again these hanneis transso in man's an into an istand the wnerahi of23 that lanesis in no way alteressi: ut is a river entirely leaves iis old channei, and egius to run in a ne one, the oldchannel belong to the lanclowners o etther sicle oscit in proportion to the extent of thei riparia interest, hile the ne one acquires the fame legat character a the riser itself, and hecomes publici ut is aster a whil in rive return to ita ol channei, the new channe again ecomes in proper is 2 thos who posses the lan alon ira banis. Dis othemiseis one' lan is holi flooded, foris flood oes no permanently alter the natur os the land an consequently is thewater me bac the sol clearly belong to iis previus o ner. 25 hen a mammahes a new objeci out os materials belongingi another, the questio usual rurises, to hich of them is
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instance, a vesset canae melle&ωwn and so reduce to the rude materiai mnete, silver, or mld P hic it is madea hut it is impossibi to reconvert in into grapes, i into
olives, o cor into heaves, o even mea into the wine and
are not ali his own or loth of woo whic belones ni in Parto him in his case there an e no oub that theneW objec belong to iis creator, orae has contribute notoni par of the materiai, ut thera hic it was
made. f ho me a man weaves into his own loth another 26man's inple, the lalter, though the more valvabie, hecomes par of the loth is aecession; ut ita forme o ne canmaintain an actionis inest against the purioiner, an also a ConcliCtion, or actio sor reparative clamages, whetheriit Was hewho ad the cloth, or ome ne else sor although the destructionis properi is a barrio a real actio sor it recovery, it is no barrio a condictio against in thies and certain ther possessors. s materials helongin t two person are mixed 27 is consent-sor instance, is the mictheir ines, o melitomine their gol or thei silve-ine result of the mixture long to them in common. An the la is the sameris themateries are os different ines, and thei mixture consequently resulis in a new objectoas here mea is made bymixin Wine an honey, o electrum is miκing old and silver se even here it is no doubis that the ne objectbelono in common to the owners of the materials Andris it is accident, an no by the intentionis the o ners, that materies have ecome mixed the law is in fame, Whether in wer of the fame oris different inds. ut is the com os 28 Titius hac come miκe with oum, and this , mutuat consent, the whole will long torou in common, hecause theseparates dies oramins, whichae res longe to one or theotheris,o in severalty have is consenties in fides Menmade mur joint properim I howeve in mixture Was accidental, orcis Titius mixe the two parcelsos com Without our consent, the domo belon to ou in common, b ause the
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separate grain remai distinci, and thel substanc Is un- alterest an in such cases the commo mores comes common
reason os a clause in the welve Tabies providin that noone hali e compelle to ake ut os his h se materiais tignum, men though the beton to another, hic haveonce been huil into it but that ouble thei value r overed by the actio calle de tigno injuncto. M term tignum includes every End of materiai employed in bullding, and the objectis this provision is to avoid the necessit ofhavini ildings pulle dowm; ut is inrouo some cause orother the should e destroyed the wner of the materiais,untes he has atready sue sor double value, may bring area actio sor reCovery or a persona actio sor productiori.
30 O the other hand is one an uild a hous on another'sland wit his own materiais, the ous helong to theowner of the land In this caseio eve the right of the pre-vious wner in the materiat is extinguished hecause heciscleeme to have voluntarii parte Wit them, though nly, Os course, is he was Ware that in lan on hic he was bulldin belonge to another man Consequently thoughthelouse s uidie destrue , he cannot laim the materialsis rea action Os coume, is in bullder of the ous has possessionis the land and the o ne os the lalter claim thehouse hyaeal action, hut resuses t pay so the materiai ano the workmen's wages, he in he deseated by the ple os fraud,