14. TO ALLOW NAVIGATION IN A PUBLIC RIVER
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BOOK FORTY-THREEIBUILDING-UPA BANK 95 renders liable anyone who has caused a river to flow otherwise than it flowed last summer . They say that the praetor included last summer, because the natural course of a river is always more certain in summer than winter. The interdict refers not to summer of this year, but to last summer, because the flow of that summer is less open to doubt. Summer extends to the autumn equinox. If the interdict should be issued in the summer, the nearest summer before that is meant; but if in winter, reference should be made not to the nearest summer before that winter, but to the one before that. 9. This interdict is available to any member of the public, but not against anyone, only against someone who has caused the water to flow otherwise, when he had no right to do so. 10. This interdict lies against heirs also. 11. The praetor furthermore says: "You must restore what you have that is done in a public river or on its bank, or inserted into that river or on its bank, if because of this the water flows otherwise than it flowed last summer." 12. This interdict is provided for restitution. For the interdict above is for prohibition and applies to what has not yet been done. So if anything has been done already, it is made good through this interdict. If provision is being made to prevent anything from being done, the interdict above must be employed by which he will be coerced if anything is done after the interdict is issued. 13. It is only fair, as Labeo writes, that this interdict for restitution should include anything which you have arranged with fraudulent intent not to have. TO ALLOW NAVIGATION IN A PUBLIC RIVER 1 ULPIAN,Edict,book 68: The praetor says: "I forbid the use of force against such a one to prevent him from traveling in a boat or raft in a public river, or loading or unloading on its bank. I will also ensure by interdict that he be allowed to navigate a public lake, canal, or pool." 1. This interdict provides that nobody should be prevented from navigating in a public river; for just as an interdict has been provided above to protect someone who is prevented from using a public road, so the praetor thought one should be provided in this case too. 2. If the above-written should be private, the interdict does not apply. 3. A lake is what has water perpetually. 4. A pool contains water for the time being which is stagnant. This kind of water usually collects in winter. 5. A canalis a receptacle for water dug by human hands. 6. These can all be public too. 7. If a contractor who has taken a lease of a lake or pool is prevented from fishing, Sabinus agreed that it is plain that the interdict will effectively lie, as did Labeo. So if he has leased it from a municipality, it will be quite right to protect him by the interdict for the sake of the revenue. 8. If someone wishes to invoke an interdict of this kind so as to sink a place for watering herd animals, he should not be heard; and so Mela writes. 9. Mela also says that an interdict of this kind lies to prevent the use of force to stop herd animals from being watered in a public river or on the bank of a public river. BUILDING-UP A BANK 1 ULPIAN,Edict,book 68: The praetor says: "I forbid the use of force to prevent such BOOK FORTY-THREE/BUILDING-UP A BANK 95 renders liable anyone who has caused a river to flow otherwise than it flowed last summer . They say that the praetor included last summer, because the natural course of a river is always more certain in summer than winter. The interdict refers not to summer of this year, but to last summer, because the flow of that summer is less open to doubt. Summer extends to the autumn equinox. Ifthe interdict should be issued in the summer, the nearest summer before that is meant; but if in winter, reference should be made not to the nearest summer before that winter, but to the one before that. 9. This interdict is available to any member of the public, but not against anyone, only against someone who has caused the water to flow otherwise, when...


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