1Ulpianus, On the Edict, Book LXVIII. The Prætor says: “I forbid force to be employed to prevent anyone from opening up or repairing a public street or highway who has the right to do so, unless the condition of the street or highway may be rendered worse thereby.” 1To open up a street is to restore it to its former height and breadth; and it is a part of the repair of streets to clean them. Properly speaking, however, to clean a street means to reduce it to its proper level by removing whatever has been deposited on it. For he who repairs a street, as well as he who opens up and cleans it, are persons who restore it to its former condition. 2If anyone, under the pretext of repairing a street, makes it worse, force can be employed against him with impunity, because he who avails himself of the interdict under the pretext of reparation cannot make the street wider, longer, higher, or lower, nor can he throw sand into it, or pave it with stone, if it is merely composed of earth; or, on the other hand, where it has been paved with stone, can he remove it, leaving only the soil. 3This interdict is perpetual, is granted for and against everyone, and judgment is rendered under it to the extent of the interest of the plaintiff.

2Javolenus, On Cassius, Book X. The public cannot lose a highway by failing to make use of it.

3Paulus, Decisions, Book I. Where anyone throws a public highway on the land of his neighbor, the Actio vise receptæ will only be granted against him to the extent of the interest of him whose property was injured thereby. 1If anyone plows up a highway, he alone shall be compelled to repair it.