Ex Cassio libri
Ex libro XI
Javolenus, On Cassius, Book XI. It is not in all cases where the decision of the arbiter is not obeyed that liability for the penalty arising from the arbitration is incurred, but only in those which have reference to the payment of money, or the performance of some service. Javolenus also states that an arbiter can punish the contumacy of a litigant by ordering him to pay a sum of money to his adversary; but a party must not be included among contumacious persons where he did not give the names of his witnesses in accordance with the decision of the arbiter. 1If an arbiter orders the time fixed for arbitration to be extended, where he is allowed to do this, the default of either party will not allow the penalty to be collected by the other.
Javolenus, 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.
Javolenus, On Cassius, Book XI. Where a slave has agreed to pay a sum of money for his freedom, and has given a surety for that purpose, even though he may be manumitted by another person, the surety will, nevertheless, legally be bound, for the reason that the inquiry was not made to ascertain by whom he was manumitted, but merely to learn whether he has been manumitted.
Javolenus, On Cassius, Book XI. When money belonging to another is paid without the knowledge or consent of the owner, it still continues to be his property. If it is mixed with other money, so that it cannot be separated, it is stated in the Books of Gaius that it will belong to the person who receives it; so that an action of theft will lie in favor of the owner against him who paid the money.
The Same, On Cassius, Book XI. The shore of the sea is public as far as high-water mark. The same rule of law applies to a lake, unless it is all private property.