7. PUBLIC PLACES AND WAYS
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BOOK FORTY-THREEITO PREVENT ANYTHING FROM BEING DONE 87 5 JAVOLENUS, Cassius, book 13: The interdict for the production of documents does not apply if a controversy about inheritance depends on them, or if they have a bearing on a public question. In that case, they meanwhile should be deposited in a sacred building or with a suitable man. 6 TO PREVENT ANYTHING FROM BEING DONE IN A SACRED PLACE 1 ULPIAN,Edict, book 68: The praetor says: "I forbid doing anything in a sacred place, or introducing anything into it." 1. This interdict applies to a sacred place, not to a sacristy. 2. The praetor's words forbidding the doing of anything in a sacred place apply not to what is done to embellish it, but to its defacement and to nuisance . 3. But the care of sacred buildings and places is mandatory on those who have the charge of them. 2 HERMOGENIAN, Epitome o f Law, book 3: To do anything to the walls, doors, and other sacred places that will cause damage or nuisance is not permitted. 3 PAUL,Views, book 5: The walls and doors may not be used for habitation without permission of the emperor because of the danger of chance fires. 7 PUBLIC PLACES AND WAYS 1 POMPONIUS, Sabinus, book 30: It is open to anyone to claim for public use what belongs to the use of all, such as public roads and public ways. Therefore, interdicts are available to safeguard these at anyone's demand. 2 JULIAN, Digest, book 48: Nobody may erect a [funerary]monument in a public road. 3 ULPIAN,Sabinus, book 33: Local roads established by private contributions of land of which there is no longer any recollection are included among public ways. 1. But between these and other, military roads there is this difference, that military roads terminate at the seashore, in cities, public rivers, or another military road, whereas this is not the case with local roads. For some of these lead into military roads, and others trail off with no way out. 8 TO PREVENT ANYTHING FROM BEING DONE IN PUBLIC PLACES OR WAYS 1 PAUL,Edict, book 6.4: The praetor forbids building in public places and makes an interdict available. 2 ULPIAN,Edict, book 68: The praetor says: "You are not to do anything in a public place, or introduce anything into it, which could cause any damage to such a one, except for what has been permitted to you by statute, senatus consultum, or edict, or decree of the emperor. Against what has been done I will grant no interdict. 1. This interdict is for prohibition. 2. It provides for both public and private welfare. For public places serve both public and private uses, that is to say, as the property of the BOOK FORTY-THREE/TO PREVENT ANYTHING FROM BEING DONE 87 5 JAVOLENUS, Cassius, book 13: The interdict for the production of documents does not apply if a controversy about inheritance depends on them, or ifthey have a bearing on a public question. In that case, they meanwhile should be deposited in a sacred building or with a suitable man. 6 TO PREVENT ANYTHING FROM BEING DONE IN ASACRED PLACE 1 ULPIAN, Edict, book 68: The praetor says: "I forbid doing anything in a sacred place, or introducing anything into it." 1. This interdict applies to a sacred place, not to a sacristy. 2. The praetor's words forbidding the doing of anything in a sacred place apply not to what is done to embellish it, but to its defacement and to nuisance . 3. But the care of sacred buildings and places is mandatory on those who have the charge of them. 2 HERMOGENIAN, Epitome of Law, book 3: To do anything to the walls, doors, and other sacred places that will cause damage or nuisance is not permitted. 3 PAUL, Views, book 5: The walls and doors may not be used for habitation without permission of the emperor because of the danger of chance fires. 7 PUBLIC PLACES AND WAYS 1 POMPONIUS, Sabinus, book 30: It is open to anyone to claim for public use what belongs to the use of all, such as public roads and public ways. Therefore, interdicts are available to safeguard these at anyone's demand. 2 JULIAN, Digest, book 48: Nobody may erect a [funerary] monument in a public road. 3 ULPIAN, Sabinus, book 33: Local roads established by private contributions of land of which there...