12. RIVERS: TO PREVENT ANYTHING FROM BEING DONE IN A PUBLIC RIVER, OR ON ITS BANK, TO HAMPER NAVIGATION
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92 BOOK FORTY-THREE/TO HAMPER NAVIGATION It is a part of its repair to clean it. Cleaning it is, properly speaking, to reduce it to its proper level by clearing away all that is upon it. Repair includes opening it up and cleaning it and everything that is done to restore it to its original state. 2. If anyone makes the road worse under pretext of repairing it, force can be used against him with impunity. Because of this the employer of the interdict cannot make the road broader or longer, higher or lower, on pretext of repair, or lay gravel on a road, pave a dirt road with stone, or turn a stone-paved road into a dirt road. 3. This interdict will be granted in perpetuity and is open to everyone against anyone and entails condemnation to the extent of the plaintiff's interest. 2 JAVOLENUS, From Cassius, book 10: The public cannot lose a public road through nonuse. 3 PAUL,Sentences, book 1: If anyone reroutes a public road through his neighbor's field, an action on a rerouted road will only be granted to the extent of the interest of the person whose farm has had injury inflicted upon it. 1 . Anyone who plows up a public road is compelled to reconstruct it on his own. 12 RIVERS: TO PREVENT ANYTHING FROM BEING DONE IN A PUBLIC RIVER, OR ON ITS BANK, TO HAMPER NAVIGATION 1 ULPIAN,Edict,book 68: The praetor says: "You are not to do anything in a public river or on its bank, nor put anything into a public river or onto its bank, which makes the landing or passage of a boat worse." 1.A river is distinguished from a stream by size, or by the opinion of the surrounding inhabitants. 2. Some rivers are perennial, some torrential. Perennial is what is always flowing, "ever-running" in Greek; torrential is "winter-flowing." But if some rivers should dry up in summer which normally flow perennially, they are nonetheless perennial. 3. Some rivers are public, some not. Cassius defined a public river as a perennial one; this opinion of Cassius, which Celsus also approves, is held to be acceptable. 4. This interdict applies to public rivers. If the river is private, the interdict is inapplicable; for a private river is in no way different from other private places. 5. A bank is rightly defined as that which contains a river when it is holding the line of its natural course. But when a river is sometimes temporarily swollen by rains or the sea or for any other reason, it does not change its banks. No one, after all, has said that the Nile, which covers Egypt with its flood, changes or enlarges its banks. For when it returns to its usual dimensions, the banks of its channel have to be built up. But if a river has grown naturally, so as to acquire a perpetual enlargement, either by admixture with another river or for some other reason, there is no doubt whatever that it has also changed its banks, just as if it had changed its bed and begun to run another course. 6. If an island comes into being in a public river and somethingis done on the island, it is not held that it is being done on public property. For the island belongs either to the person who first occupies it if the fields have fixed boundaries, or to the person whose bank it adjoins, or if it has come 92 BOOK FORTY-THREE/TO HAMPER NAVIGATION It is a part of its repair to clean it. Cleaning it is, properly speaking, to reduce it to its proper level by clearing away all that is upon it. Repair includes opening it up and cleaning it'and everything that is done to restore it to its original state. 2. If anyone makes the road worse under pretext of repairing it, force can be used against him with impunity. Because of this the employer of the interdict cannot make the road broader or longer, higher or lower, on pretext ofrepair, or lay gravel on a road, pave a dirt road with stone, or turn a stone-paved road into a dirt road. 3. This interdict will be granted in perpetuity and is open to everyone against anyone and entails condemnation to the extent of the plaintiff's interest. 2 JAVOLENUS, From Cassius, book 10: The public cannot lose a public...