restricted access 11. REPAIRING A PUBLIC ROAD AND WAY
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BOOK FORTY-THREEIREPAIRINGA PUBLIC ROAD 91 anyone who builds in defiance of a praetorial edict must remove the building. Otherwise , the praetor's power would be empty and derisory. 9 ENJOYMENT OF A PUBLIC PLACE 1 ULPIAN, Edict, book 68: The praetor says: "I forbid violence to be used to prevent a lessee or his partner from enjoying under the law of lease a public place which he has leased from someone entitled to let it." 1. It is obvious that this interdict is provided for public welfare. For in forbidding force against the lessee it safeguards the public revenue. 2. But if the lessee and his partner both come to invoke the interdict, preference should rather be given to the lessee himself. 3. The praetor says: "to prevent from enjoying under the law of lease." He rightly says: "under the law of lease." For anyone wishing to enjoy beyond the law, or contrary to it, should not be heard. 2 PAUL, Sentences, book 5: It is usual to permit public erection of images and statues that will be an ornament to the res publica. 10 A PUBLIC STREET AND I F ANYTHING IS SAID TO HAVE BEEN DONE IN IT 1 PAPINIAN, Care of Cities: The city overseers are to take care of the streets of the city, so that they are kept level, so that houses are not damaged by overflows, and so that there are bridges where they are needed. 1. And they are to take care that private walls and enclosure walls of houses facing the street are not in bad repair, so that the owners should clean and refurbish them as necessary. If they do not clean or refurbish them, they are to fine them until they make them safe. 2. They are to take care that nobody digs holes in the streets, encumbers them, or builds anything on them. In the case of contravention, a slave may be beaten by anyone who detects him, a freeman must be denounced to the overseers, and the overseers are to fine him according to law and make good the damage. 3. Each person is to keep the public street outside his own house in repair and clean out the open gutters and ensure that no vehicle is prevented from access. Occupiers of rented accommodation must carry out these repairs themselves if the owner fails to do so and deduct their expenses from the rent. 4. They must see to it that nothing is left outside workshops, except for a fuller leaving out clothing to dry, or a carpenter putting out wheels; and these are not by doing so to prevent a vehicle from passing. 5. They are not to allow anyone to fight in the streets, or to fling dung, or to throw out any dead animals or skins. REPAIRING A PUBLIC ROAD AND WAY 1 ULPIAN, Edict, book 68: The praetor says: "I forbid the use of force to prevent such a one from opening up or repairing a public road or way, as long as that road or way is not made worse." 1. To open up a road is to restore it to its old depth and breadth. BOOK FORTY-THREE/REPAIRING A PUBLIC ROAD 91 anyone who builds in defiance of a praetorial edict must remove the building. Otherwise , the praetor's power would be empty and derisory. 9 ENJOYMENT OF A PUBLIC PLACE 1 ULPIAN, Edict, book 68: The praetor says: "I forbid violence to be used to prevent a lessee or his partner from enjoying under the law of lease a public place which he has leased from someone entitled to let it." 1. It is obvious that this interdict is provided for public welfare. For in forbidding force against the lessee it safeguards the public revenue. 2. But if the lessee and his partner both come to invoke the interdict, preference should rather be given to the lessee himself. 3. The praetor says: "to prevent from enjoying under the law of lease." He rightly says: "under the law of lease." For anyone wishing to enjoy beyond the law, or contrary to it, should not be heard. 2 PAUL, Sentences, book 5: It is usual to permit public erection of images and statues that will be an ornament to the res publica. 10 A PUBLIC STREET AND IF ANYTHING IS SAID TO HAVE BEEN DONE IN IT 1 PAPINIAN, Care of Cities: The city overseers are to take care of the...


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