The Institutes of Justinian

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to desen himself hy the lea os haud provide that he

obtrine possessionis the paper o parchment in moessaith. Where, o the ther hanci, ne an aint a pictum n 34 another' boam, some thin that the oard elongs by accession, to the pianter, iners, that thesainting, howeverareat ita excellence, hecomes par of the oaes. The orme a

Mars torus thes iter opinion, sor it is insuta that a pianting

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hy Apelles oraarrhasius inould he an accessor os a boam ich, in iraeis, is thoroughly orthless. ence, is the owneros the boam has possession os in picture, an is sue sor it by thesainter Who neveriheles resuses t pay the cost of theboam, he willi abierio repet hi by the lea os fraud. LO the otheriand thesainter has possession it sollows Domwhat has been sal that the forme o ne os the boam fis heis to he able to sue at allJ, must laim it hy a modifie ano notina direct actiona an in his case, iste resuses t pay the cost of the picture, he canis repelle is in plea fisaud provide that the possession os the ainter heri mocliaith; sor it is clear, that is the board was stolen is the

hring the actionis thest. 35 Is a manci mo satin huys lan stomanothe who is notitsi ner, though he belleve he was, o acquires it in Docliaithingis o sommother lawsul ille, natura reason directa that the ruits hic he has gathered hallis his, in cori- sideration os his care an cultivation consequently is theo ne Subsequently appears and laim the an is reia

session os land whic to his nowledge elong to another person, and theresore hecis oblige no oni to restore theland butrio mari compensatio sor fruit even though in 36 have been consumed. A person who has a sustuc in lancido not ecome o ne of the ruits hic gro thereoriunti he has himself gathere them consequently fruits which, at in momentis his decease though ripe, are et un-gathered, domo belon to his heir, but to the wner of thoeland What has been sat applies also in the main to the 37 lesse os land The term fruits, when used os animais, Comprises heir oung, as et a milli, air, and wool thuSlambs kius, calves, and soais, helon at once, by the naturaIlaw of ownership to the ructua . ut the ter cloes notinclude the ompring os a semale flave, hic consequently long tomer master sor it seemed absur to rechon humanheings as fruits when it is sor thei salie that allisther ruits 38 have been provide is nature The usustuctuar os a floc

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NTLE . 45as Julian held, oughtrio replace annos the an1mat which diesrom the youn os the est, and is his sustucti os land tomplace dea vines ororem; sor it is his ut to cultivate according to lawrundisse them like a caresul head os a lamily. Is a man ound a re ure in his own land the Emperoras Hadrian, solio in natura equi , adjudge to hi theo nershi of it, is he also di to a man who ound ne is accident in sot which was acre o religious Isae Mundit in another man' lan is accident, and without speciallysearchinisor it he gave hal to the finder, hal to the owneros in soli an upon this principie, is a reasure wereriound in lanx longing to the Emperor, he decide that hal shouldhelone to the lalter, and ais to the finder an consistently wit this, is a man finds ne in and whic helong to the imperiatare urno theseople, hal belong to him, aneshalsto the re urno the State. Desivery again is a mode in hic we acquire things by 40 natura law sor it is mos agreeatae to natura equity that

where a man wishes to transfer his proper et another person his wish shouldae confirmed. Consequently corporeat things, whateve M thei nature, admit os delivery, and delivery bythei o ne mahes them in properi os the alienee this,sor instance, is in mode os alienatin stipendiar an tri-hutarnestates that is to say, estates lying in provincia soli; tween hic howeverrunci estates in Italy there nomeκisis, amomin inmur constitution no disserence. An ownemhipis transferre whether in motive of the delivery be the destrem mali a gist, to conser a doW , o any other motive hal- Somer Whe ho me a thiniis sol an delivered, it does 41no MCome the purchaser' properi unti he has at theprice to the vendor, o satisfie hi in Some the way, asis ovin him a fure pledge. An this rute, thoughiatu clown also in the statute of the welve Tabies, is rightlysaid tot a dictate of the law os alliations that is os naturaliam ut is the vendor gives in purchase credit, the goodssol beton to the lalter at once. It is immateria Whether 42 the person in malies delivernis the owner himselfi someone eis acting Wit his consent. Consequently is annone is aentrusred by an o ne with the managementis his bufines at

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46 BOOx II.

his oWisree discretion, an in the executionis his commissionsetis an delivers any article, he matas the receive ira o ner. 44 In ome cases even the owner' bare Wili is sufficient Without delivery to transfer o-emhip. For instance, is a man sella

the o ner, though directe onlyrio aes an uncertain Person, transser the wnerahi os the ining a sor instance heri praetor an consul throw mone to a cro- here in

change, Maus in reason sor hic the are thrown ver- ar is obviouslymo that the wner cloes no care' o rithem an longer, ut that he and the hi hesides may bemore lihel to escape the perils of the ea. Consequently any one ho carries them oraster thenare Washe o Ahom, o who picks them p at se an keeps inem, intendin tomahe a profit thereby commit a thest sor suc ining seemto he in much the fame positio a those hic sal out ora carriage in motion unknown to theiri nere.

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O INCORPOREAL ΗΙNGS. Some things again are corporeia, and thera incorporeat. Τhos are corporeat whic in their own natur are tangibie isuch as land flaves, Clothing, gold, Silver, an othera innumer- te Thino incorporea are uin a are intangibie righis asor instance, such as inheritance, suseuch an obligations, ho-ver acquired. An it is no objection to this definitionstat an inheritanc comprises things hic are corporeat sorine ruit os land evi edina usustuctuary are corporeatri , an obligations generali relate to the conveyance of somethin corporeat, such a land flaves, o money, and et theright os succession the right os usustuci, and the right existingi e very obligation, are incorporeat. AE to the right appur 3 tenant to land whether in to mox country, hic are usuallycalleo servitudes, are incorporeat inings.

Her, the right os passage at Will sor a maniniri notis driving ast or vehicles actus, the right os driving beast o vehicles of which two the lalter contain the former, though the sormerdo tot contain the lalter so that a man who has uer has notnecessarii aetus, hil iste has eius he has also iuri and Consequently an pas himself men though unaccompaniecl

thin Wharaoever, an os Walliing, and whic thus contains in Her an actus an Murthly, aquaeductus, the right os

conducting ater ver another man's and Servitudes 9 1 rtenant to town estates are rictis hic are attachecl. to

bulldings and the are sal to appertain to to- estates cause ali uilclings are calle town estates, even thoughthenare actualty in the count . he solio in are servitudesos this hino the obligationis a manes suppon the weight of his et bour' house, to allo. a beam to M let into his Wall, o to receive the mi hominis eigh ur' mos o to

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his ard the converse right os exemption secim annos these obligations and the right o preventingis et bour romraisin his bulldings, test therehyine' ancient light he o,2 structed. Some thin that amon servitudes appurienant tocount 'states ought properi to b rechone in right os dra ing Water os Waterin catile, o pasture, os huminilime, and of digon Sand. These servitudes are calle right attache to estates,

cause Without states the Canno come Into existenCerisor no one an acquire oriwn a servitude attache to a town

O counirnestate uni sine has an estate sor it tot attachecl to. When a lando ner Wishes to create annos thes righis in favour of hismet bour, in prope mode os creation is agre ment sollowe is stipulation. B testamen to one Canimpos o one' heir an obligation notrio ais the height os his house so acto obstruct his et boues ancient lighis, rhin him to allo in eigh ur to et a beam into his ali, to receive the ain ater homo eigh us Pipe, o allo. neidibour a right o way, os drivin catile or vehicles overhis land o conducting water ove it

Usuhuc is the right os using an taking the ruit os Properi notisne' o n, Without impat in the substance of that property sor Min a right ove a corporea ining it is necessariinextinguished iiset along with the eκtinctionis the latren sustuc is thus a right delache stom the aggregateo right involve in ownemhip and this separation canine effecte in ver man ways: sor instance, is one an ovesanother a suisuctis legacy the legate has in usustuCt, while the ei has meret the hare WnershiP and Cori- versely, is a man gives a lega is an state, reservin theususruci, the usustuc belong to the heir, hil only the bareownershimis veste in the legalee. Similarly he caninive toone an a lega of the usuisuci, to nother ne of thctestate, subjecto the ther' usuisucti scit is ishe tocreate a sustuc in savour os another person othemis inari

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NTLES IT IV. 49 is testament, the prope mode is agreemen solio e hystipulation. However, lesbownemhip should he entirely value-les inmug the permanent separation stom it os the usustuci, Certain modes have been approve in hic usustuc may beextinguished, and thereb revert to the wner. A usuisuctam te create no oni in lan or uildings, hut also inflaves, catile, and other objecta generalty excepi Such as are actualty consume is heing sed os hic a genuine ususructis impossibie by both naturat an civit iam Among them are ine, it grain, Clothing, an perhaps e manalso say coineumoney sor a sum os moneycis in a sense extinguishe hychanon hancis, ascit constanti cloes in simplyaeing sed.

For convenience salieloweve in senate enacte that a usu-

fruct could be created in such things, provide the due securityhe inven to the heir. Thus is a sustuc os money be oventi l a , that money, o Min delivere to the legatem comes his property thoughie has to give securi to the hei that he wil repana equivalent sum on his yin orundermin a los o status. An ali ining of this class, when delivere to the legalee become his proper , thoughthenare fidit appinised, and the legate then ives securi that is he dies o undergoes a lossis status he wil pay the value hic Was ut pon them Thus in potntis fac thesenate di no introduce a suisuctis such things, o that was Myon ita power but establishe a right analomus tousuhuc by requirin security. Usustuc determine by the adeat os in ususructua , b his undermin either of the greater ind os los os status, b iis improper Xercise, an is ita non κercise during the time fixe by law allos,hichioints are setile by ur constitution It is also extinguishe when surrendere to the wne by the usu- fructuary though transferri a thim person is inoperative); an again, Conversely by the fructuar hecoming owneros the ining this ein calle consolidation Obviously, aususructis amouseris ext1nguished by thei se hein burni

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bare use, o right os using a thing, is created in the samemoclerus a suisuci, and the modes in hic it mandetermine Pare the fame a thos jus described. Aisse is a les rightthan a suisuci sor is a man has a bare se of an estate, heis deeme entille to se the vegetabies, ruit, flowers, haF, stram and woodipo itininso farrus his datly need require: he may remat o the land nins long ache cloes no inconvenience ita owner, o impede thos Who are engam in iis cultivationi aut e cannot letis sellis give Way his 2 right to a thir person, hereas a usustuCtuar may Again, a man who has the se of a house is deeme entille onlyrio live incit imself he anno transfer his right to a thim PerSon, an it scarcely seem tote agine that he mantakei a Gest; ut besides himself he may lodge there his ise, childre an freedmen, and therrire person who formas regula a partis his establishment as his laves. SimilariY, is a Woman has the se os a ouse, herousban may dwell3 there illi her. When a man has the se os a flave, he hasonly the right os personali using his labour an services in no waycisae allo e to transfer his right to a thim persori, and the fame applies to the se of heast o burden. Is a legac Misive os theras os a her oris a flock of sheep, in usuar may notisse the milli lambs, o wool, sor theseare ruits; ut os coum he may use the animal so the Purpos os manurin his lancl.

Is a right of habitation e give to a manis lega i in

stuci, hut a distinc an ascit were independent right an bya constitutio Which e have publislied in accordance with the opinion osmarcellus, an in the interest os utility - have permitte persona possesse of this right no onlyrio live irithe bullding themselves, hut alsorio let it out to thers. What we have here sat concernin servitudes, and the

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ractis os usuisuci, se an hab1tation, ill e sumcient; si erit ce and obligations we,ill reat in thei prope places respectively. An havin no triennexpounde the modesin hic π acquire ining by the la o nations, et ustum an me in What modes thenare acquired by statute or

sion is an immoveable though in his case ni is it were in Italian soli; the reasonis the ruleaeing the inexpediencros allowingis nershi tote long nascertained. he ancientsthus considere that the period mentioned were sumcient tomahle wners o ook aster thei property; ut e have arrived at ametier opinion, in orde to faveseoplesseo Miugover-quickl defraude os their own, an to prevent the nefit of this institution rom heing confinest onina certain par of the empire. e me consequently published a constitution omine subjeci enacting that the periodis usucapionsor moveahles hali e three eam, and that wnemhi ofimmoveabies shallie acquired by long possession-POSSeSSion, that is to say, for tenaears, is both parties clwel in the fame province, and o tWenty years is in different provinces anclining ma in these modes e acquire in sul ownership, provide in possession commences o a lawsul ground notoni in Ital but in every lan subjec totur Way. Some things, however, notwithstanding the good ait o Ithe possessor, an the duration os his possession cannotae acquired by usucapion ascis in case, sor instance, is one

stave Things again f hic the wne los possessio byrathest, or possession os,hic Was gaine by violence, cannothe acquired by usucapion, evenina person who has possessedinem in moessaith so the specifie perioda sor stolen thingi

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Plaut1a. The statemen that things stolen or violently P Sesse cannot is statute, he acquire is SuCapion, meanS, no that he hie or violent dispossessor is incapatile fusucapion-sor these are barred by another reason, namelytheriaci that thei possession is no in mod aith; ut thaleVen a person ho has purchased the ining Dominem in good aith, o receive it on ome the lawsul ground is incapable os acquirin by usucapion Consequently inthings move te even a person who possesses in good aithca seldom acquire ownerahi by usucapion, sorte horaelis, O om Some ther round delivers possession is a thing belongincto another commit a thest. However, this admitsos exception Morris an heir, who belleves a thin lentis letio, o deposited with the person homise succeeds to e a portionis the inheritance, selis oratum it by Wayis do toanother Who receivescit in good satin there is no doubi that the lalter can acquire the wnemhi oscit by usucapion sortite hin is heremo ininted wit the flaru attachindito stolen Property cause an ei cloes no commit a thes in itigood fati convey a thing Way beliminii tote his o n. 5 Again the ususructuar os a semale flave, in belleves herompring tote his property, and selis o gives it aWay, cloes no commitis hestes sor thes implies unia sui intention.

6 There are also other Ways in hic one an an transfer toanother propertWwhic is no his o n wit ut committing thest, and thereis enabi the receive to acquire by usu capion. Usucapion os properi classe amon things immoveable is an easter matter sor it maneasit happen that man V, Without violence, obtain possession Pland which, o in to the absence or negligence of iis o ner, o to his havin die an testis successor, is presently posseSSed is no ne No 'his an himself oes no posses in Docisaith, because heanows the land on hic he has seiete is certainlymo his own: ut sine delivers it to anothe who receives it in good aith, in lalter an acquire it by long possession, hecause it has eithe been stolen nor violentiupossesses; so the idea hel by sommo the ancients that a