1Gaius, Diurnal or Golden Matters, Book II. We obtain the ownership of certain property by the Law of Nations, which is everywhere observed among men, according to the dictates of natural reason; and we obtain the ownership of other things by the Civil Law, that is to say, by the law of our own country. And because the Law of Nations is the more ancient, as it was promulgated at the time of the origin of the human race, it is proper that it should be examined first. 1Therefore, all animals which are captured on land, on sea, or in the air, that is to say, wild beasts and birds, as well as fish, become the property of those who take them.

2Florentinus, Institutes, Book VI. The same rule applies to their offspring, born while they are in our hands.

3Gaius, Diurnal or Golden Matters, Book II. For what does not belong to anyone by natural law becomes the property of the person who first acquires it. 1Nor does it make any difference, so far as wild animals and birds are concerned, whether anyone takes them on his own land, or on that of another; but it is clear that if he enters upon the premises of another for the purpose of hunting, or of taking game, he can be legally forbidden by the owner to do so, if the latter is aware of his intention. 2When we have once acquired any of these animals, they are understood to belong to us, as long as they are retained in our possession; for if they should escape from our custody and recover their natural freedom, they cease to belong to us, and again become the property of the first one who takes them,

4Florentinus, Institutes, Book VI. Unless, having been tamed, they are accustomed to depart and return.

5Gaius, Diurnal or Golden Matters, Book II. Wild animals are understood to recover their natural freedom when our eyes can no longer perceive them; or if they can be seen, when their pursuit is difficult. 1It has been asked whether a wild animal which has been wounded in such a way that it can be captured is understood immediately to become our property. It was held by Trebatius that it at once belongs to us, and continues to do so while we pursue it, but if we should cease to pursue it, it will no longer be ours, and will again become the property of the first one who takes it. Therefore, if during the time that we are pursuing it another should take it, with the intention of himself profiting by its capture, he will be held to have committed a theft against us. Many authorities do not think that it will belong to us, unless we capture it, because many things may happen to prevent us from doing so. This is the better opinion. 2The nature of bees, also, is wild. Hence, if they settle upon one of our trees, they are not considered to belong to us until we have enclosed them in a hive, any more than birds who have made their nests in our trees. Therefore, if anyone else should shut up the bees, he will become their owner. 3Likewise, if bees make honey, anyone can take possession of it without being guilty of theft. But, as we have already stated, if anyone enters upon the land of another for such a purpose, he can legally be forbidden by the owner from doing so, if the latter is aware of his intention. 4A swarm of bees which has left our hive is understood to be ours as long as it is in sight and its pursuit is not difficult; otherwise, it becomes the property of the first one who takes possession of it. 5The nature of peacocks and pigeons is also wild. Nor does it make any difference whether or not they have the habit of flying away and returning; for bees, whose nature has been decided to be wild, do the same thing. Certain persons have stags, which are so tame that they go into forests and return, and no one denies that their nature is wild. Moreover, with reference to such animals as have the habit of going away and returning, the following rule has been adopted, namely: “That they shall be understood to belong to us, as long as they have the intention of returning, but if they should cease to have this intention, they will no longer be ours, and will become the property of the first occupant.” They are understood to have ceased to have the intention to return where they have lost the habit of doing so. 6The nature of chickens and geese is not wild, for it is well known that there are wild chickens and wild geese. Hence, if my geese or my chickens, having been frightened for any reason, fly so far that I do not know where they are, I will, nevertheless, retain ownership over them, and anyone who takes them with the intention of profiting by it will be held to have committed theft. 7Likewise, anything which is taken from the enemy immediately becomes by the Law of Nations the property of him who takes it.

6Florentinus, Institutes, Book VI. Likewise, the increase of animals of which we are the owners belongs to us by the same law.

7Gaius, Diurnal, or Golden Matters, Book II. To such an extent is this true that even men who are free become the slaves of the enemy; but, still, if they escape from the power of the enemy they will recover their former freedom. 1Moreover, anything which a river adds to our land as alluvium is acquired by us under the Law of Nations. That, however, is considered to have been added by alluvium which is added little by little, so that we cannot perceive the amount which is added at each moment of time. 2But if the force of a stream takes a portion of your land away from you, and brings it upon mine, it is evident that it will continue to be yours. If, however, it should remain on my land for a long time, so that the trees which it brought with it take root in my soil, it will be considered to form part of my land from that time. 3Where an island arises in the sea (which rarely happens), it becomes the property of the first occupant; for it is considered to belong to no one. Where an island is formed in a river (which takes place very frequently), and it occupies the middle of the stream, it becomes the common property of those who have land near the banks on both sides of the stream in proportion to the extent of the land of each person along the banks. If the island is nearer to one side than the other, it will belong to him alone who has land along the bank on that side of the stream. 4If a river overflows on one side, and begins to run in a new channel, and afterwards the new channel turns back to the old one, the field which is included between the two channels and forms an island will remain the property of him to whom it formerly belonged. 5If, however, the stream, having abandoned its natural bed, begins to flow elsewhere, the former bed will belong to those who have land along the bank, in proportion to the extent of the land situated there, and the new bed will come under the same law as the river itself does, that is, it will become public by the Law of Nations. But if, after a certain length of time, the river should return to its former bed, the new bed will again belong to those who own the land along the banks. Where the new bed occupies all the land, even though the river may have returned to its former channel, he to whom the land belonged cannot, strictly speaking, assert any right to the bed of the stream; because the land which formerly belonged to him has ceased to be his, having lost its original form; and since he has no adjoining land, he cannot, by reason of neighborhood, be entitled to any part of the abandoned bed. To rigidly observe this rule, however, would be a hardship. 6The rule is different when anyone’s field is entirely covered by water, for the inundation does not change the form of the land; and it is clear that when the water subsides, the land will belong to him who previously owned it. 7Ad Dig. 41,1,7,7Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 187, Note 2.When anyone makes an article in his own name with materials belonging to another, Nerva and Proculus think that its ownership will belong to him who made it, for the reason that what has been fabricated formerly belonged to no one. Sabinus and Cassius think that, in accordance with natural reason, he who owned the materials would also be the proprietor of what was made out of them, because no article can be manufactured without materials; as, for instance, if I should make a vase out of your gold, silver, or brass; or a ship, a cupboard, or a bench cut out of your boards; or a garment out of your cloth; or mead out of your wine and honey; or a plaster, or an eye-wasli out of your drugs; or wine out of your grapes, or grain; or oil out of your olives. There is, however, a moderate opinion entertained by persons of good judgment, who believe that, if the article can be reduced to its original form and material, what Sabinus and Cassius hold is true, but if this cannot be done, the opinion of Nerva and Proculus should be adopted; for example, when a vase of gold, silver, or copper can be melted and returned to its original rough metallic mass, but wine, oil, or grain cannot be restored to the grapes, olives, and ears from which it was derived; nor can mead be restored to the honey and wine of which it is composed, nor can a plaster or an eye-wash be resolved to the drugs out of which it was compounded. Still it seems to me that some authorities very properly held that no doubt should exist on this point, when wheat has been obtained from the ears of others to whom the latter belonged, for the reason that the grain retains the ears in its perfect form, and he who threshes it does not manufacture a new article, but only extracts what is already in existence. 8If two owners agree to mix materials belonging to them, the entire compound becomes their common property, whether the materials are of the same description or not; as where they mix wine or melt silver, or combine different kinds of substances; or where one contributes wine and the other honey, or one gold and the other silver, although compounds of mead and electrum are products of a dissimilar character. 9The same rule of law will apply where materials belonging to two persons are mingled without their consent, whether they are of the same, or of a different nature. 10Where one person erects a building on his own ground out of materials belonging to another, he is understood to be the owner of the building, because everything is accessory to the soil which is built upon it. Nevertheless, he who was the owner of the materials does not, for this reason, cease to be such, but, in the meantime, he cannot bring an action to recover them, or to compel their production, under the Law of the Twelve Tables, by which it is provided that no one can be forced to remove timbers belonging to another which were used in the construction of his own house, but he must pay double their value. By the term “timbers” out of which buildings are constructed, all materials are meant. Therefore, if for any reason a house should be demolished, the owner can then bring an action to recover the materials, and have them produced. 11Ad Dig. 41,1,7,11Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 175a, Note 2; Bd. I, § 182, Note 13.The question was very properly asked, if the person who built the house under such circumstances should sell it, and it, after having been owned for a long time by the purchaser, should be demolished, whether the owner would still have a right to claim the materials as his own. The reason for the doubt is that, although the entire building can be acquired by prescription after a long time has elapsed, it does not follow that the separate materials of which it was composed can also be acquired. The latter opinion has not been adopted. 12On the other hand, if anyone constructs a building on the land of another with his own materials, the building will become the property of the person to whom the ground belongs. If he knew that the land was owned by another, he is understood to have lost the ownership of the materials voluntarily; and therefore if the house is demolished he will have no right to claim them. Where, however, the owner of the ground claims the building, and does not reimburse the other for the value of the materials and the wages of the workmen, he can be barred by an exception on the ground of fraud; and if he who constructed the building did not know that the land belonged to another, and hence erected it in good faith, this course should certainly be pursued. For if he was aware that the land belonged to another, it can be alleged that he was to blame for rashly building a house upon land which he knew was not his. 13If I plant a shrub belonging to another upon my ground, it will belong to me. If, on the other hand, I plant one of mine upon the ground of another, it will belong to him; provided that in either case it has taken root; for, otherwise, it will remain the property of him who previously owned it. In accordance with this, if I press a tree belonging to another into my soil, so it takes root, it will become my tree; for reason does not permit that a tree shall be considered to belong to another unless it takes root in his soil. Hence, if a tree planted near a boundary line sends its roots into the adjoining earth, it becomes the common property of both owners,

8Marcianus, Institutes, Book III. In proportion to the place it occupies on each tract of land. 1If, however, a stone is formed on a boundary line of two tracts of land held in common, but undivided, the stone also undivided will belong to the joint-owners if it is removed from the ground.

9Gaius, Diurnal or Golden Matters, Book II. For this reason plants which have taken root on land belong to it, and grain which has been sowed, is also considered to form a part of the soil. Moreover, as in the case of one who builds upon land belonging to another, if the latter brings an action to recover the building, he can be barred by an exception on the ground of fraud; so, likewise, he who has, at his own expense, sowed seed upon the land of another, can protect himself by means of an exception. 1Letters, also, even though they may be of gold, form part of the papyrus and parchment on which they are written; just as materials of which houses are constructed are accessory to the land, and, on the same principle, seeds that have been sown form part of it. Hence, if I write a poem, a history, or a speech of my own upon papyrus or parchment belonging to you, not I, but you, will be understood to be the owner of the work. If, however, you bring an action against me to recover your books or your parchment, and refuse to pay me the expense incurred by writing, I can protect myself by an exception on the ground of fraud, provided I have obtained possession of the articles in good faith. 2Pictures, however, do not usually constitute part of the tablets on which they are painted, as letters do of the papyrus and parchment on which they are written; but, on the other hand, it has been decided that the tablet is accessory to the painting. Still, it is ever perfectly proper that a prætorian action should be granted to the owner of the tablet against him who painted the picture, provided he is in possession of the tablet; of which action he can effectually avail himself if he tenders the expense of painting the picture: otherwise, he will be barred by an exception on the ground of fraud, as he certainly should have paid the expense if he was the bona fide possessor of the tablet. We say, however, that an action to recover the tablet will properly lie in favor of him who painted it, against the owner, but he should tender him the value of the tablet; otherwise, he will be barred by an exception on the ground of fraud. 3Property which becomes ours by delivery is acquired by us under the Law of Nations; for nothing is so conformable to natural equity as that the wish of an owner, who intends to transfer his property to another, should be complied with. 4It, however, makes no difference whether the owner himself delivers the article in person to another, or whether someone else does it with his consent. Hence, where the free administration of his affairs is entrusted to anyone by a person about to depart upon a journey to a distant country, and the former, in the regular course of business, sells and delivers anything to a purchaser, he transfers the ownership of the same to him who receives it. 5Sometimes, even the mere wish of the owner is sufficient to transfer the property without delivery, as, for instance, if I have lent or hired an article to you, and then after having deposited it with you, I sell it to you. For, although I have not delivered it to you for this reason, still, I render it your property by the mere fact that I permit it to remain in your hands on account of it having been purchased. 6Ad Dig. 41,1,9,6Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 153, Note 7.Likewise, if anyone sells merchandise which is stored in a warehouse, and, at the same time, delivers the keys of the warehouse to the purchaser, he transfers to him the ownership of the merchandise. 7Moreover, at times, the will of the owner transfers the title to property to a person who is not designated; for example, where someone throws anything into a crowd, for he does not know how much of it any individual may pick up; and, still, as he is willing that whatever anyone may pick up shall belong to him, he immediately renders him the owner of the same. 8The rule is different where merchandise is thrown into the sea during a storm for the purpose of lightening a ship, for it remains the property of the owner, as it was not thrown overboard with the intention of relinquishing it, but that the owner together with the ship might the more readily escape the perils of the sea. For which reason, if anyone obtains the property while on the sea itself, or after it has been cast on land by the force of the waves, and removes it with the intention of profiting by it, he commits a theft.

10The Same, Institutes, Book II. Property is acquired for us not only by ourselves, but also by those whom we have in our power; as, for instance, by slaves in whom we have the usufruct, and also by freemen and slaves belonging to others of whom we have possession in good faith. Let us consider each of these cases in detail. 1Hence, anything which our slaves obtain by delivery, or which they stipulate for, or acquire in any other way whatsoever, is acquired by us; for he who is in the power of another can have nothing of his own. Therefore, if our slave is appointed an heir, he cannot enter upon the estate unless by our order, and if we order him to do so, the estate is acquired by us, just as if we ourselves had been appointed heirs. In conformity with this principle, a legacy also is acquired by us through our slave. 2Moreover, not only is ownership acquired for us by those whom we have under our control, but possession is also; for when they obtain possession of the property of anyone, we, ourselves, are considered to possess it; hence ownership is also acquired for us by long-continued possession. 3With reference to those slaves in whom we have only the usufruct, it has been decided that when they acquire anything through the use of our property, or by their own labor, it is acquired by us. If, however, they obtain anything by any other means, it will belong to him in whom the ownership of them is vested. Therefore, if a slave of this kind is appointed an heir, or if anything is bequeathed or given to him, it will not be acquired by me but for the owner of the property. 4The same rule which has been adopted with reference to an usufructuary is also applicable to one who is possessed by us in good faith, whether he is free, or a slave belonging to another; and is available in the case of a bona fide possessor. Hence, whatever is acquired in any other way than the two above mentioned will either belong to the person himself if he is free, or to his master if he is a slave. 5Still, where a bona fide possessor obtains a slave by usucaption, for the reason that, under these circumstances, he becomes his owner, he can acquire property through him in every way. An usufructuary, however, cannot acquire a slave by usucaption; first, because he does not actually possess him, but merely has the right of using and enjoying him; second, because he knows that the slave belongs to another.

11Ad Dig. 41,1,11Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 153, Note 10.Marcianus, Institutes, Book III. A ward does not need the authority of his guardian for the purpose of acquiring property, but he cannot alienate anything unless his guardian is present and consents; nor (as was held by the Sabinians) can he even transfer possession although it may be natural. This opinion is correct.

12Callistratus, Institutes, Book II. Although lakes and ponds sometimes increase in dimensions, and sometimes dry up, they still retain their original boundaries, and therefore the right of alluvium is not admitted, so far as they are concerned. 1If a vessel of any kind is made by melting my copper and your silver together, it will not become our common property; because, as copper and silver are different materials, they can be separated by the artificers, and returned to their former condition.

13Neratius, Rules, Book VI. Ad Dig. 41,1,13 pr.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 155, Note 6.If my agent, by my direction, should purchase anything for me, and it is delivered to him in my name, the ownership of the article, that is to say, the title to it, is acquired by me, even if I am not aware of the fact. 1The guardian of a male or female ward, just like an agent, acquires property for him or her by purchasing it in the name of the ward, even without his or her knowledge.

14The Same, Parchments, Book V. Whatever anyone builds upon the shore of the sea will belong to him; for the shores of the sea are not public like the property which forms part of the patrimony of the people, but resembles that which was formed in the first place by Nature, and has not yet been subjected to the ownership of anyone. For their condition is not dissimilar to that of fish and wild animals, which, as soon as they are taken, undoubtedly become the property of him under whose control they have been brought. 1Where a building which has been erected upon the seashore is removed, it should be considered what the condition of the ground on which it was situated is, that is to say whether it will remain the property of him to whom the building belonged, or whether it will revert to its former condition and again become public; just as if it had never been built upon. The latter should be deemed the better opinion, provided it remains in its former condition as a part of the shore.

15The Same, Rides, Book V. He, however, who erects a house on the bank of a stream does not thereby make it his own.

16Florentinus, Institutes, Book VI. It is established that the right of alluvium does not exist with reference to land having boundaries. This was also decided by the Divine Pius. Trebatius says that where land taken from conquered enemies is granted under the condition that it shall belong to some city, it will be entitled to the right of alluvium, and has no established boundaries; but that land taken by individuals has prescribed boundaries, so that it may be ascertained what was given, and to whom, as well as what was sold, and what remained public.

17Ulpianus, On Sabinus, Book I. Where two masters deliver property to a slave owned by them in common, he acquires for one of his masters the share of the other.

18The Same, On Sabinus, Book IV. Property forming part of an estate cannot be acquired by the heir through a slave belonging to the same estate, and still less can the estate itself be acquired in this way.

19Pomponius, On Sabinus, Book III. Aristo says that a freeman who is serving me in good faith as a slave will undoubtedly acquire for me whatever he earns by his labor through the use of my property. But whatever anyone gives him, or whatever he obtains in transacting business, will belong to him. He says, however, that any estate or legacy which has been bequeathed will not be acquired by me through him, because it is not derived from my property, or from his labor; for he has performed no work to obtain the legacy, and it is, to a certain extent, an estate, because it is accepted by him. This was at one time doubted by Varius Lucullus. The better opinion, however, is that the estate is not acquired, even though the testator may have intended it to belong to me. But even if the supposed slave does not acquire it for me, still, if it was the evident intention of the testator that this was to be done, the estate should be delivered to me. Trebatius thinks that where a freeman is serving anyone in good faith as a slave, and enters upon an estate by order of the person whom he is serving, he himself will become the heir; for it makes no difference what a man intended to do, but what he did do. Labeo holds the contrary opinion, provided he was compelled to do this; but if he desired to do it, he will become the heir.

20Ulpianus, On Sabinus, Book XXIX. A delivery of property should not and cannot transfer any more right in the same to him who receives it than he who delivers it possessed. Therefore, anyone who owns land, can transfer it by delivery; but if he did not have the ownership of the same, he does not convey anything to him who receives it. 1When the ownership is transferred to him who receives it, it is transferred in the same condition that it was while in the possession of the grantor. If it is subject to a servitude, it passes with the servitude; if it is free, it passes in that condition; and if servitudes are due to the land which is transferred, it is conveyed together with the rights to the servitudes imposed for its benefit. Hence if anyone should allege that certain land is free, and he delivers a tract which is charged with a servitude, he diminishes nothing of the right of the servitude attaching to the said land, but he, nevertheless, binds himself, and must furnish what he agreed to do. 2Ad Dig. 41,1,20,2Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 155, Note 6.If Titius and myself purchase property, and delivery of it is made to Titius individually, and also as my agent, I think that the property is also acquired by me, because it is established that possession of every kind of property, and consequently the ownership of the same, can be obtained through the agency of a person who is free.

21Pomponius, On Sabinus, Book XI. If my slave is serving you in good faith, and he purchases something which is delivered to him, Proculus says that it will not become mine, because I have not the slave in my possession; nor will it be yours, because it was not acquired by means of your property. If, however, a freeman buys anything while he is serving you as a slave, it will belong to him individually. 1If you are in possession of property belonging to me, and I wish it to be yours, it will become yours, even though it may not have come into my hands.

22Ulpianus, On Sabinus, Book XL. No one who is in possession of a slave either by force or clandestinely, or by a precarious title, can acquire a right to him by any stipulation he may enter into, or by delivery of the property.

23The Same, On Sabinus, Book XLIII. Whoever serves anyone in good faith as a slave, whether he is the slave of another, or is free, will acquire for his possessor whatever he obtains by means of the property of the latter, while serving in good faith as a slave. He will, in like manner, acquire for him whatever he earns by his own labor, for it is, to a certain extent, considered as the property of the former, because he owes his labor to him whom he is serving in good faith. 1He will, however, acquire the property for his possessor only as long as he serves him in good faith as a slave; but as soon as he ascertains that he belongs to someone else, or is free, let us ascertain whether he will continue to acquire property for him. In examining this question, we must determine whether we shall consider the beginning of the possession, or all the moments included in it. The better opinion is that all the time should be taken into account. 2Generally speaking, it must be said that whatever he who is serving in good faith cannot acquire by means of the property of his possessor he will acquire for himself; but what he cannot acquire for himself by means of property other than that of his possessor, he will acquire for him whom he serves in good faith as a slave. 3Where anyone serves two persons in good faith as a slave, he will acquire property for both of them, but for each one in proportion to the use he has made of his capital. The question, however, may arise, whether what he acquires with the capital of one of them will partly belong to the person whom he is serving in good faith as a slave, and partly to his own master, if he is a slave; or, if he is free, whether it will belong to him whom he is serving in good faith, or whether he should acquire the entire amount for the benefit of him whose property he has used. Scævola discusses this point in the Second Book of Questions. He says that if a slave belonging to another serves two persons in good faith, and acquires property by the use of something belonging to one of them, it is reasonable to hold that he acquires it for him alone. He also says, if the slave mentions the name of him with reference to whose property he enters into a stipulation, there is no doubt that he makes the acquisition solely for him; because if he had stipulated expressly in the name of one of his masters with reference to his property, he would acquire the entire amount for his benefit. He afterwards adopted the opinion that where anyone is serving several masters in good faith as a slave, he will acquire for me alone, even if he had not stipulated with reference to my property, either in my name or by my express order; for it has been established that whenever a slave owned in common cannot acquire property for all his owners, he can acquire it for him alone who will be benefited thereby. I have repeatedly stated that Julianus held this opinion: which we also approve.

24Ad Dig. 41,1,24Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 187, Note 2.Paulus, On Sabinus, Book XIV. It must be said with reference to everything which can be restored to its former condition, that if the material remains as it was, and the form only is changed (as, for instance, if you make a statue out of my bronze, or a cup out of my silver), I will be the owner of it:

25Callistratus, Institutes, Book II. Unless this is done in the name of another with the consent of the owner; for then, by virtue of his consent, the entire article will belong to him in whose name it was made.

26Paulus, On Sabinus, Book XIV. If, however, you build a ship out of my boards, it will belong to you, for the reason that the cypress tree, of which they formed a part, is no longer in existence, any more than wool, where a garment is made of it; but a new form, composed of the cypress or the wool, has been produced. Proculus informs us that men ordinarily follow the rule adopted by Servius and Labeo; that is to say, in cases where the quality of property is considered, anything that is added becomes accessory to all, as where a foot or a hand is added to a statue, a bottom or a handle to a cup, a support to a bed, a plank to a ship, or stones to a building, for they will all belong to him who formerly owned the property. 1If a tree is torn up by the roots, and deposited upon the land of another, it will belong to the former owner until it has taken root; but, after it has done this, it will become an accessory of the land and if it is torn up by the roots a second time, it will not revert to the former owner: for it is probable that it became another tree through the different nourishment it received from the soil. 2Labeo says that if you dye my wool purple, it will still be mine, because there is no difference between wool after it has been dyed, and where it has fallen into mud or filth, and has lost its former color for this reason.

27Pomponius, On Sabinus, Book XXX. It must be admitted that if you add any silver belonging to another to a mass of that metal of which you are the owner, all of it will not belong to you. On the other hand, if you solder your cup with lead or silver belonging to another, there is no doubt that the cup will be yours, and that you can legally recover it by an action. 1Where several drugs belonging to different persons are contributed at the same time, and a similar remedy is compounded of them or where you make an ointment by combining different perfumes, none of the former owners can, in this instance, properly claim that the product belongs to him; therefore it is best to hold that it belongs to the one in whose name it was made. 2Where two parts of an article belonging to different owners are soldered together, the question arises, to whom do they belong? Cassius says that this must be determined in accordance with the size or the value of each of the parts; but if neither one can be considered as accessory to the other, let us see whether it cannot be considered as a mass which has been melted, or whether it will belong to him in whose name the parts were soldered together. Both Proculus and Pegasus hold that each part will belong to the person who owned it before it was soldered to the other.

28The Same, On Sabinus, Book LIII. If your neighbor builds upon your wall, Labeo and Sabinus say that what he builds will belong to him. Proculus, however, holds that it will belong to you, just as anything which another builds upon your land becomes your property. This is the better opinion.

29Paulus, On Sabinus, Book XVI. When an island is formed in a stream, it becomes the common property of those who own land along the bank, not undivided, but separated by distinct boundaries; for each one of them will have a right to that portion of it which is opposite to his land on the bank of the stream, just as if a straight line were drawn through the island.

30Pomponius, On Sabinus, Book XXXIV. Hence, if an island which has been formed accrues to my land, and I sell the lower part of the latter, which is not opposite to the island, none of the island will belong to the purchaser, for the reason that it would not have been his in the beginning, even if he had been the owner of that part of my land at the time when the island was formed. 1Celsus, the son, says that if a tree grows along the bank of a river where my land is situated, it will belong to me, because the soil itself is my individual property and the public is only entitled to the use of the same; and, therefore, if the bed of the river should dry up, it will become the property of the neighbors, for the reason that the people no longer make use of it. 2An island is formed in a river in three different ways; first, when the stream flows around land which did not originally belong to its bed; second, when it leaves the place, which was formerly its bed, dry, and commences to flow around it; third, when, by removing soil little by little, it raises a high place above the bed of the river and increases it by alluvium. By the last two ways the island becomes the private property of him whose land was nearest to it when it first appeared. For it is the nature of a stream to change its bed, when it alters its course, and it does not make any difference whether merely the soil forming the bed is changed, or whether it is raised by earth being deposited upon it, as it is always of the same character. In the first instance, the condition of the property is not altered. 3Alluvium restores a field to the state in which it was before the force of a stream entirely removed it. Therefore, if a field which is situated between a public highway and a river is covered with water by the overflow of the stream, whether it is inundated little by little, or not, and it is restored by the same force through the receding of the river, it will belong to its former owner. For rivers perform the duties of those officials who designate the boundaries of land, and adjudge them sometimes from private individuals to the public, and sometimes from the public to private individuals. Hence, as the land above mentioned became public when it served as the bed of a river, it now should again become private, and belong to its original owners. 4If I drive piles into the sea, and build upon them, the edifice will immediately be mine; as what belongs to no one becomes the property of the first occupant.

31Paulus, On the Edict, Book XXXI. Ad Dig. 41,1,31 pr.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 171, Note 5.The mere delivery of an article does not transfer its ownership, for this takes place only where a sale or some other just cause precedes delivery. 1A treasure is an ancient deposit of money, the memory of which no longer remains, so that it now has no owner. Hence, it becomes the property of him who finds it, because it belongs to no one else. On the other hand, if anyone, for the sake of profit, or actuated by fear, with a view to its preservation, hides money in the ground, it is not a treasure, and anyone who appropriates it will be guilty of theft.

32Gaius, On the Provincial Edict, Book XI. We acquire by means of our slaves in almost every way, even against our consent.

33Ulpianus, Disputations, Book IV. Marcellus, in the Twentieth Book, discusses the point as to whom a stipulation or a legacy applies when it is made by a slave forming part of the castrense peculium of a son under paternal control, who was serving in the army, before the estate was entered upon. I think that the opinion entertained by Scævola, and discussed by Marcellus himself, is the correct one; namely, if the estate is entered upon, everything is acquired where the slave forms part of it; but if it is not entered upon, the acquisition should be considered as made by a slave of the father. Where an usufruct is bequeathed to such a slave, it will sometimes be considered as left to the father, and sometimes to the heir, without being held to have passed from one of these persons to the other. 1The same distinction is applicable where property has been taken in order to determine whether an action for theft will lie or not; since if the heir should enter upon the estate, the property will not be considered as having been stolen from it; or if he should not enter upon it, an action on the ground of theft, and also a personal one for the recovery of property, will be granted to the father. 2Whenever a slave belonging to an estate enters into a stipulation, or acquires property by delivery, his act takes effect through the person of the deceased; as is held by Julianus, whose opinion that the person of the testator should be considered in a case of this kind is still accepted,

34The Same, On Taxes, Book IV. For an estate does not represent the person of the heir, but that of the deceased, which rule has been established by many precepts of the Civil Law.

35The Same, Disputations, Book VII. If my agent, or the guardian of a ward, delivers his own property as belonging to me, or to the ward, to another, he will not be deprived of the ownership of the same, as the alienation is void, because no one can lose his property through a mistake.

36Julianus, Digest, Book XIII. When we agree as to property which has been delivered, but dissent as to the causes for its transfer, I do not understand why the delivery should not be valid; for example, if I think that I am obliged to transfer a tract of land to you in compliance with the terms of a will, and I transfer it, and you are under the impression that I should do so by virtue of a stipulation. For if I pay you a sum of money for the purpose of making a donation of the same, and you think I intend to lend it to you, it is settled that the ownership will pass to you, and the fact that we differed with respect to the cause of giving and receiving it will be no impediment to its legal transfer.

37The Same, Digest, Book XLIV. Possession of property is not acquired for a creditor by a slave who has been given in pledge, for the reason that neither by stipulation nor by mandate, nor in any other way whatsoever, can anything be acquired by him, even though he may have possession of the slave. 1If one of several masters gives money to a slave owned in common, it is in the power of the master to bestow the money upon the said slave held in common in whatever way he may desire; for if he should only do this in order to deduct it from his accounts, and let it form part of the peculium of the slave, it will still remain the property of the said master. If, however, he should give the money to the slave held in common, in the same way that we are accustomed to make donations to the slaves of others, it will become the common property of the joint-owners in proportion to the share which each one has in the slave. 2However, in order that the following question may be considered, let us suppose that one joint-owner has given a sum of money to a slave owned in common, in order to retain his ownership of the property; and if the slave should purchase a tract of land with the said money, it will be owned in common by the joint proprietors in proportion to the share which each one has in the slave; for, even if the common slave bought the tract of land with stolen money, it will become the property of the joint-owners, according to their interest in the slave. A slave in whom someone has an usufruct does not acquire property for his owner by reason of the usufruct; nor can a slave held in common acquire property for one master by means of that belonging to another. But, just as property is acquired from others under these circumstances, the condition of a slave subject to an usufruct differs from that of a slave owned in common (for instance, one of them does not acquire property for the usufructuary, but the other acquires it for his masters), as where anything is obtained by making use of the property of the usufructuary it will belong to him alone, but what a slave owned in common acquires by means of the property of one master will belong to both. 3As a slave owned in common, by expressly stipulating for one of his masters, acquires property for him alone, so also he acquires property solely for him through receiving it by delivery. 4When a slave belonging to one person receives property by delivery, alleging that he receives it for his master, and Titius, he acquires half of it for his master, but his act with reference to the other half is void. 5If a slave, subject to usufruct, should say that he received property acquired through the usufruct by delivery, for his owner, he will acquire all of it for him; for if he enters into a stipulation with reference to property belonging to the usufruct, he will acquire it for his owner. 6Ad Dig. 41,1,37,6Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 155, Note 7.If you wish to make me a donation, and I direct you to deliver the property to a slave jointly owned by Titius and myself, and the slave receives it with the intention of obtaining it for Titius, the transaction will be void; or if you deliver property to my agent with the intention that it shall become mine, and he receives it with the intention of making it his, this transaction will also be void. If a slave owned in common receives property with the intention of acquiring it for both his masters, the transaction, so far as one of them is concerned, will be of no force or effect.

38Alfenus Varus, Epitomes of the Digest of Paulus, Book IV. Attius had a tract of land along a public highway; beyond the highway there was a river, and a field belonging to Lucius Titius. The river gradually surrounded the field, which was situated between the road and the river, and afterwards covered the road, then it receded little by little, and by alluvium returned to its ancient bed. The conclusion arrived at was that, since the river had covered both the field and the highway, the field became the property of him who owned land on the other side of the stream, and afterwards, having little by little receded to its former channel, the land was taken away from him whose property it had become, and was added to that of him who was on the other side of the highway, as his land was nearest to the river. The highway, however, which was public, could belong to no one by accession. It was decided that the highway offered no impediment to prevent the field which was left on the other side of it by alluvium from becoming the property of Attius, for the highway itself was also part of his land.

39Julianus, On Minicius, Book III. Even a slave who has been stolen acquires for a purchaser in good faith, if he makes a stipulation, or receives by delivery anything obtained by means of his property.

40Ad Dig. 41,1,40Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 186, Note 12.Africanus, Questions, Book VII. The question was raised, if a person whom a freeman was serving in good faith as a slave should die, and leave an heir who knew that the alleged slave was free, whether the heir could acquire any property by his agency. It cannot be said that he is a bona fide possessor, since, when he begins to have possession, he is aware that the man is free; because, if anyone should devise land to him and the heir knew that it had been devised, there is no doubt that the crops from the land do not become his; and there is much more reason for the application of this principle, if the testator had possession of the land in good faith, having bought it from one who was not the owner. The same rule must be observed with reference to the labor and agency of slaves; so that, whether they are ours or belong to strangers, and whether they have been bequeathed or manumitted by will, nothing will be acquired by them for the heirs, provided the latter were not ignorant of their status; for at the same time it must be admitted that, in the case where a bona fide possessor renders the crops, which he has used and which were derived from the land, his own, the profits of his labor or his property will also be acquired for him by the slave.

41Ulpianus, On the Edict, Book IX. Trebatius and Pegasus hold that statues erected in a town do not belong to the citizens; but the Prætor must see that whatever has been placed there with the intention of rendering it public shall not be removed by any private person, not even by him who erected it. Therefore, the citizens will be entitled to an exception against anyone claiming the statues, and to an action against anyone having possession of them.

42Paulus, On the Edict, Book XI. A substitution which has not yet taken place is not considered to form part of our property.

43Gaius, On the Provincial Edict, Book VII. A man who is possessed in good faith as a slave does not acquire for the possessor anything which he obtains by means of the capital of another. 1It is clear that incorporeal property is not capable of delivery and usucaption. 2If a slave, the usufruct of whom belongs to another than his owner, himself purchases a slave who is delivered to him before he pays the price, it is uncertain for whom he acquires the ownership. For if he should pay the price out of the peculium belonging to the usufructuary, it is understood that the slave will become his; but if he pays it out of the peculium to which the owner is entitled, the slave will be considered to belong to the latter.

44Ulpianus, On the Edict, Book XIX. Pomponius discusses the following point. Wolves carried away some hogs from my shepherds; the tenant of an adjoining farm having pursued the wolves with strong and powerful dogs, which he kept for the protection of his flocks, took the hogs away from the wolves, or the dogs compelled them to abandon them. When my shepherd claimed the hogs, the question arose whether they had become the property of him who recovered them, or whether they were still mine; for they had been obtained by a certain kind of hunting. The opinion was advanced that, as where animals were captured on sea or land, and regained their natural freedom, they ceased to belong to those who took them, so, where marine or terrestrial animals deprive us of property, it ceases to be ours when the said animals have escaped beyond our pursuit. In fact, who can say that anything which a bird flying across my courtyard or my field carries away still belongs to me? If, therefore, it ceases to be mine, and is dropped from the mouth of the animal, it will belong to the first occupant; just as when a fish, a wild boar, or a bird, escapes from our control, and is taken by another, it becomes the property of the latter. Pomponius inclines to the opinion that the property continues to be ours, as long as it can be recovered; although what he states with reference to birds, fishes, and wild beasts is true. He also says that if anything is lost by shipwreck, it does not immediately cease to be ours, and that anyone who removes it will be liable for quadruple its value. And, indeed, it is better to hold that anything which is taken away by a wolf will continue to be ours as long as it can be recovered. Therefore, if it still remains ours, I think that an action on the ground of theft will lie. For if the tenant pursued the wolves, not with the intention of stealing the property (although he might have had such an intention), but admitting that he did not pursue them with this object in view, still, as he did not restore the hogs to my shepherd when he demanded them, he is held to have suppressed and concealed them; and therefore I think that he will be liable to an action on the ground of theft, as well as one to produce the property in court; and after this has been done, the hogs can be recovered from him.

45Gaius, On the Provincial Edict, Book VII. When a slave owned in common acquires anything by means of the property of one of his masters, it will, nevertheless, belong to both of them; but the one by means of whose property it was acquired can recover the entire amount by an action in partition; for good faith demands that each of the owners shall have a preferred claim to whatever the slave obtained by means of his property; but if the slave should acquire it in some other way, it will belong to all the joint-owners in proportion to their ownership.

46Ulpianus, On the Edict, Book LXV. There is nothing extraordinary in the fact that anyone can transfer to another the ownership of property which he does not possess; for a creditor, by selling a pledge, transfers to the purchaser a title which he himself did not have.

47Paulus, On the Edict, Book L. An estate cannot be acquired by the usufructuary through a slave, for an estate cannot consist of the services of a slave.

48The Same, On Plautius, Book VII. Ad Dig. 41,1,48 pr.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 182, Note 11.A bona fide purchaser undoubtedly obtains as his own any profits acquired by means of the property of another in the interim, and this not only refers to such as are acquired by his diligence and labor, but to all others, because, as far as the profits are concerned, he practically occupies the position of the owner; for, even before he obtains the crops, and immediately after they are separated from the soil, they become the property of a bona fide purchaser. Nor does it make any difference whether what I buy in good faith can be acquired by prescription or not; as, for instance, if it belongs to a ward, or has been obtained by violence, or has been given to the Governor of a province contrary to the law against extortion, and has afterwards been transferred by him to a bona fide purchaser. 1On the other hand, if at the time when the property was delivered to me I thought that it belonged to the vendor, and I afterwards ascertained that it belonged to someone else, the question arises whether I am entitled to the profits, because possession had lasted for a long time. Pomponius says that it must be apprehended that a purchaser of this kind is not one in good faith, although he may hold the property, for prescription has reference to the law, and whether he possesses the property either in good or bad faith is a question of fact. Nor can this be controverted by alleging that a long time has elapsed; as, on the other hand, he who can not acquire property by prescription on account of a defect in the title to the same has still a right to the profits thereof. 2The increase of sheep is a profit, and therefore it belongs to a bona fide possessor, even if they should have been sold while pregnant, or had been stolen while in that condition. And, indeed, it cannot be doubted that a possessor in good faith is entitled to the milk, even though the animals may have been sold ready to be milked. The same rule applies to wool.

49The Same, On Plautius, Book IX. Whatever the usufructuary of a slave gives him out of his own property will continue to be his. If, however, he did this with the intention that the property should belong to the owner, it must be said that it will be acquired by him. But where a stranger gives it to him, it will unquestionably be acquired for the owner alone. We make the same statement with regard to a freeman who is serving in good faith as a slave, so that, if I should give him anything, it will continue to remain mine. Therefore, Pomponius says, that even if I should give the slave his labor, whatever he acquires by means of it he will, nevertheless, acquire for me.

50Pomponius, On Plautius, Book VI. Although whatever we construct on the public shore or in the sea will belong to us, still, a decree of the Prætor must be obtained to permit this to be done; and, indeed, if anyone should do something of this kind which inconveniences others, he can be prevented by force; for I have no doubt that he who puts up the building will have no right to a civil action.

51Celsus, Digest, Book II. We can seize a deserter by the law of war. 1Any property of the enemy, which may be in our hands, does not belong to the public, but to the first occupant.

52Modestinus, Rules, Book VII. We are understood to hold property as our own, whenever, being in possession, we have a right to an exception, or when, having lost the property, we are entitled to an action to recover it.

53Ad Dig. 41,1,53Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 73, Noten 11, 16.The Same, On Quintus Mucius, Book XIV. Property acquired by the Civil Law is obtained by us through those who are under our control; as, for example, in the case of a stipulation. Whatever is acquired naturally, as, for instance, possession, we can acquire by the agency of anyone, if we desire to obtain it.

54The Same, On Quintus Mucius, Book XXXI. A freeman cannot acquire an estate for us. Anyone who is serving us in good faith as a slave can acquire one for us, if he enters upon it voluntarily, and is fully aware of his own condition. If, however, he should enter upon it by our order, he will neither acquire it for himself nor for us, if he did not have the intention of acquiring it for himself. But, if he had such an intention, he will acquire the estate for himself. 1Likewise, a freeman who is serving us in good faith as a slave can legally bind himself, by making a contract with us, which involves a purchase, a sale, or hiring, or leasing. 2If he wrongs us in any way, he will be liable to an action for injury, and, in this case, we can collect heavier damages from him than we can from a stranger. 3If persons of this kind transact any business with reference to our property, under our direction, or perform any acts as agents during our absence, an action should be granted against them, 3anot only when we have purchased them as slaves, but also if they have been given to us; or have been acquired as dowry, or through having been bequeathed to us; or are due to us from an estate; not only if we think that they are ours, but also where they are slaves owned in common, or are subject to usufruct; so that they do not acquire for us any more than they would have done if they had actually been slaves owned in common, or subject to the usufruct of others. 4Whatever a freeman, or a slave belonging to another, or one who serves us in good faith as a slave, cannot acquire for us, the freeman can acquire for hfmself, and the slave belonging to another can acquire for his master; except that a freeman who is serving in good faith can scarcely obtain property by usucaption based on possession, because he who is himself possessed is not understood to have possession. Nor can the owner of a slave of whom we have possession in good faith unconsciously acquire by usucaption what is included in the peculium of the slave, just as he cannot do this by means of a fugitive slave of whom he is not in possession.

55Proculus, Epistles, Book II. A wild boar was caught in a trap which you set for the purpose of hunting, and after he was caught, I released him, and carried him away; is it your opinion that I have taken away your wild boar? And if you thought that it was yours, and I should release him and let him go into the woods, would he, in this instance, cease to be yours, or would he still remain your property? If he ceased to be yours, I ask what action you would be entitled to against me, and whether it would be necessary for an action in factum to be granted? The answer was, that we should first take into consideration the trap, and whether it does not make a difference if I set it on public or on private land; and if I set it on private land, whether I did so upon my own or upon that of another, and if I set it upon that of another, whether I did so with the permission of the owner of the said land, or without it. Moreover, it should be considered whether the wild boar was caught in the trap in such a way that he could not release himself, or whether, by struggling longer, he might have been able to escape. I think the conclusion should be that if the wild boar was under my control he became my property; but if you, by your act, restored him to his natural freedom, he ceased to belong to me; and I would be entitled to an action in factum; as was decided in a case where a person threw a cup belonging to another from a ship into the sea.

56The Same, Epistles, Book VIII. An island arose in a river opposite to my land. At first the length did not exceed the boundary of the latter, but afterwards the island increased in size, little by little, and projected opposite to the boundaries of my upper and lower neighbors. I ask whether the increase belongs to me, as it adjoins my premises, or whether the rule of law would be the same as it would if the island had been as long in the beginning as it is at present. Proculus answered, if the law of alluvium applies to the river, in which you have stated an island arose opposite to the boundary of your property in such a way that it did not exceed the length of the latter, and the island in the first place was nearer to your premises than to those of him who owned land across the stream, it all becomes yours, and whatever afterwards accrued to the island by way of alluvium also becomes yours, even though the increase was such as to cause the island to extend opposite to the boundaries of your upper and lower neighbors, or even to place it nearer to the property of him owning land across the river. 1I also ask, if an island arises near my bank, and afterwards the entire river begins to flow between my land and the said island, after leaving its own bed where the greater portion of it had flowed, whether you have any doubt that the island continues to be mine, and whether, nevertheless, a part of the bed itself which was left by the river will become my property. I request you to write me your opinion on this point. Proculus answered that if the island in the first place was nearer to your land, and the river, having left its principal channel, which it occupied between the island and the land of the neighbor who was on the other side of the stream, began to flow between the said island and your land, the island will continue to be your property; but the bed which was between the island and the land of the neighbor should be divided in the middle, so that the part which was nearer to your island will be understood to belong to you, and that which is nearer to the land of your neighbor will be understood to belong to him. I think that the bed of the river which dried up on the other side of the island has ceased to be an island; but In order that the matter may be better understood, in this instance, the field which was formerly an island will still be designated such.

57Paulus, On Plautius, Book VI. Julianus says that nothing can be acquired through a slave donated by a husband, not even by means of the property of the wife to whom the slave was given; for this is only conceded in the case of those who are serving in good faith as slaves.

58Javolenus, On Cassius, Book XI. Anything which is taken from the sea does not begin to be the property of him who obtains it until the owner of said property begins to consider it as abandoned.

59Ad Dig. 41,1,59Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 155, Note 6.Callistratus, Questions, Book II. Property purchased by my order does not become mine until the person who bought it has delivered it to me.

60Scævola, Opinions, Book I. Titius placed a movable granary for wheat constructed of wooden boards upon the land of Seius. The question arises, who is the owner of the granary? The answer is that, according to the facts stated, it does not become the property of Seius.

61Hermogenianus, Epitomes of Law, Book VI. An estate is often considered in law as an owner, and therefore anything that is acquired by a slave forming part of the same is considered to be acquired by it as his master. It is clear that, in matters in which the act or labor of a person is essential, nothing can be obtained for the estate by the agency of a slave; and therefore, although a slave belonging to the estate can be appointed an heir, still, as the personal order of his master is necessary to enable him to enter upon the same, we must wait until an heir appears. 1As an usufruct cannot be created without someone to enjoy it, so it cannot be acquired for an estate through the medium of a slave.

62Ad Dig. 41,1,62Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. III, § 528, Note 7.Paulus, Manuals, Book II. There are certain things which cannot themselves be alienated but pass by universal custom; hence a dotal tract of land and property which is not an object of commerce pass to the heir; for although it cannot be bequeathed to him, it, nevertheless, becomes his after his appointment.

63Tryphoninus, Disputations, Book VII. If anyone who is under the control of another finds a treasure, it must be said with reference to the person for whom it is acquired that if the former finds it upon the land of another, he will be entitled to half of it; but if he finds it upon the land of his father or master, the whole of it will belong to the latter; (and only half, if it is discovered upon the land of someone else). 1If a slave owned in common finds a treasure upon the land of another, will he acquire the same in proportion to the shares of his masters, or will he always acquire it for both of them equally? This case resembles one where property which is derived from the State, or bequeathed by a legacy, or donated by strangers, is delivered to a slave, because a treasure is considered a gift of fortune; hence the part to which the finder is entitled will belong to the joint-owners in proportion to the interest which each one has in the slave. 2If a slave owned in common finds a treasure on the land of one of his masters, no doubt can arise with reference to the share to which the master is always entitled, as it belongs to the owner of the land alone. But, on the other hand, it should be considered whether the other joint-owner will not have a right to part of the remaining half, and whether the case is not similar to that where a slave makes a stipulation by the order of one of his masters, or receives something by delivery, or specifically, for the other. The latter may be said to be the better opinion. 3Where a slave in whom anyone has the usufruct finds a treasure on the land of him who has the ownership of the slave, will it all belong to him? And if he finds it on the land of another, will he acquire half of it for his owner, or for the usufructuary? In this instance, an examination must be made to ascertain whether the usufructuary can acquire property by the labor of the slave. Suppose that the slave found a treasure by digging in the ground; then it may be said to belong to the usufructuary. If, however, he should suddenly find it concealed in some retired place, while he was doing nothing but walking about, it will belong to the owner of the property. I, however, do not think that half the treasure should belong to the usufructuary, for no one seeks for treasure with the labor of a slave, and it was not on his account that the slave was digging in the earth, but he was doing work for another purpose, and fortune gave him something else. Therefore, if he should find a treasure on the land of the usufructuary himself, I think that the latter will be entitled to only half of it, as the owner of the land, and that the other half will belong to him who has the ownership of the slave. 4If a creditor finds a treasure on land which has been hypothecated to him, he will be considered to have found it on the land of another. Hence, he can take half of it himself, and give the other half to the debtor; and when the borrowed money is paid, he can retain the half which he has taken from the treasure by the right of the finder, and not by the right of the creditor. This being the case, if the creditor has begun to hold the land as his own by the right of ownership, under the authority of the Emperor the claim to the pledge will be considered to exist during the time appointed for payment; but, after this time has elapsed, the debtor will be entitled to any treasure found on the land before the money has been paid. Where, however, the amount of the debt is tendered within the time prescribed by law, the creditor must return the treasure, as everything must be restored which belongs to the land, just as in the case where it is returned by a possessor; but he will only be obliged to surrender half of it, because it is settled that the finder is always entitled to half.

64Quintus Mucius Scævola, Definitions. When anyone enters property belonging to another in his accounts for taxation, it does not by any means become his.

65Labeo, Epitomes of Probabilities, by Paulus. If I send a letter to you, it will not become yours until it has been delivered to you. Paulus: I am of the opposite opinion, for if you send your secretary to me, and I send you a letter by way of answer, the letter will become yours as soon as I have delivered it to your secretary. The same thing happens in the case of a letter which I send to you merely as a favor; for instance, if you have asked me to recommend you to someone, and I send you a letter for that purpose. 1If an island in a river belongs to you, none of it is public property. Paulus: The contrary is true, for in this kind of islands, the banks of a river and the shores of the sea are, to a certain extent, public property; and the rule of law is the same with reference to a field which adjoins the bank, or the shore. 2If an island is formed in a public stream, which is near your property, it will belong to you. Paulus: Let us see if this is not false with reference to an island which is not contiguous to the channel of the river, but is suspended by branches, or some other light material, above the stream, so that the soil does not reach it, and the island can change its position. An island of this kind is, to a certain extent, public property, and belongs to the river itself. 3Paulus: If an island which is formed in the river becomes yours, and another island is afterwards formed between the first one and the opposite bank, the measure will be taken from your island, and not from your land on account of which the island became your property; for what difference does it make what the character of the land may be, on account of whose situation the ownership of the last island is claimed? 4Labeo, in the same Book, says that if anything is formed or built in a public place, it becomes public, and that an island which is formed in a public stream should also be considered public property.

66Venuleius, Interdicts, Book VI. When a pregnant woman is bequeathed, acquired by usucaption, or alienated in any other way, and brings forth a child, it will become the property of him who purchased her, and not of him to whom she belonged when she conceived.