restricted access 16. FORCE AND ARMED FORCE
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96 BOOK FORTY-THREEIFORCE AND ARMED FORCE a one from doing any work in a public river or on its bank for the purpose of protecting the bank or the field which adjoins the bank, provided that navigation is not made worse by it, if a cautio or security is given to you for ten years for threatened damage at the discretion of an upright man, or if it is not the fault of such a one that no cautio or security is given at the discretion of an upright man." 1. It is extremely useful to repair and build up the banks of public rivers. Sojust as an interdict is provided for the repair of a public road, another had to be provided for building up the bank of a river. 2. He rightly adds: "provided that navigation is not made worse by it"; for only such repair is allowable as offers no hindrance to boats. 3. He who wishes to build up the bank must give a cautio or security for future damage according to what sort of person is concerned, and it is expressed in this interdict that for any damage done a cautio or security must be given for ten years at the discretion of an upright man. 4. Security will be given to neighbors, including those who have possessions on the other side of the river. 5. Care must be taken that cautiones are furnished to these people before the work is done. For after it has been done, there will be no more opportunity for prosecution under this interdict, even if some damage is occasioned afterward , but recourse must be had to the lex Aquilia. 6. It is to be noted that the praetor has made no provision in this interdict for the building up of the bank of a lake, canal, or pool. But the same rules are to be observed as for the building up of a riverbank. FORCE AND ARMED FORCE 1 ULPIAN,Edict, book 69: The praetor says: "Where by force you, or your staff of slaves, have ejected such a one, I will grant a judgment about that place within a year with respect to what he had there then, and after a year with respect to what has come into the hands of the person who forcibly ejected him." 1. This interdict is provided for anyone who has been forcibly ejected. It was absolutely right to come to the help of the forcibly ejected; hence, this interdict is provided for recovering possession. 2. To prevent anything from being done by force, provision is made under the leges Juliae for public and private cases, and also under imperial constitutiones. 3. This interdict does not apply to all force, but to those who are ejected from possession. This interdict applies only to this atrocious use of force and only to those who are ejected from the land, for instance, from farms or buildings, and to no one else. 4. And if anyone is ejected from an undeveloped site, the interdict will undoubtedly apply. In general, the interdict applies to all who are ejected from property attached to the land; and the interdict has scope whatever the kind of place it is from which he was forcibiy ejected. 5. If it is a superficiary tenement building from which someone has been ejected, the interdict will also apply. 6. It will certainly not be doubted that this interdict is inapplicable to movable things. For actions are available on the grounds of theft, or goods taken by force, and actions can be brought for production. Plainly, if there are things in the farm or house from where someone has been ejected, the interdict will unquestionably apply to them. 7. If anyone is forcibly ejected from a boat, this interdict will not apply, by analogy with forcible expulsion from a vehicle, where nobody says this interdict is to be employed. 8. Plainly, if someone is ejected from a wooden house, nobody will hesitate to say that the interdict will apply, because whatever it is that is attached to the land, anyone forcibly ejected from it can resort to the interdict. 9. To be ejected, a person must be a possessor under either civil or natural law; for natural possession offers grounds for this interdict also. 10. Moreover, if a husband donated property to his wife and she is ejected, she will be able to avail herself of the interdict, though a tenant cannot. 11...


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