28. GATHERING ACORNS
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BOOK FORTY-THREE/PRODUCTION OF A FREEMAN 129 And if the owner does not remove the tree, Labeo says that the person to whom the tree is an annoyance may cut it down if he wishes, and take away the wood. 3. Under the term "trees" vines are included. 4. This interdict is available not only to the owner of a house but also to a usufructuary, because it is in his interest also that the tree should not overhang. 5. Moreover, it is to be affirmed that if a tree overhangs a house owned in common, the owners are individually entitled to this interdict, and in full, because they are also individually entitled to the vindication of servitudes. 6. The praetor says: "I forbid the use of force to prevent such a one from removing the tree, if it is your fault that you are not removing it." So first the opportunity of removing the tree is given you. If you do not do it, then he prevents you from using force against your neighbor when he wishes to remove it. 7. The praetor then says: "With respect to the tree overhanging the field of such a one from your field, if it is your fault that you will not trim it fifteen feet from the ground, then I forbid the use of force to prevent him from doing so and having the wood for himself." 8. What the praetor says, the Law of the Twelve Tables also wished to effect, namely that the branches of the tree should be cut round to a height of fifteen feet. And this has been effected in order that the shadow of the tree should not harm the neighbor's land. 9. The difference between the two sections of the interdict is this: If a tree overhangs a house, it is ordered to be cut down;if it overhangs a field, it is only to be trimmed up to fifteen feet from the ground. 2 POMPONIUS, Sabinus, book 34.: If a tree from the neighbor's farm is blown over by the wind into your farm, then under the Law of the Twelve Tables for its removal you may properly take an action that he has no right to have the tree in that condition. 28 GATHERING ACORNS 1 ULPIAN,Edict, book 71:The praetor says: "I forbid the use of force to prevent such a one from gathering and taking away also on the third day the acorns which fall from his field into yours." 1.All fruits are included under the term "acorns." 1 ULPIAN,Edict, book 71:The praetor says: "You are to produce any freeman whom you are fraudulently retaining." 1. This interdict is provided for protecting freedom, so as to ensure that freemen are not retained by anybody. 2 VENULEIUS, Interdicts, book 4:For those who have no means of departing are not much different from those who are slaves. 3 ULPIAN, Edict, book 71: And for this the lex Fabia makes provision also. Nor does this interdict preclude proceedings under the lex Fabia. For it will be possible to bring an action under this interdict and to lay an accusation under the lex Fabia all the same. And conversely whoever has taken an action under the lex Fabia will be able to avail himself of this edict all the same, especially when one party could invoke the interdict and the other take an action under the lex Fabia. 1. The words "any freeman " apply to every freeman, pubes or impubes, male or female, one or several, independent or dependent. We only consider one thing, whether he is free. 2. But one who [as head of the household] has persons in power will not be liable under the interdict , because he who makes use of his right is not held to hold by fraud. 3. But if BOOK FORTY-THREE/PRODUCTION OF A FREEMAN 129 And if the owner does not remove the tree, Labeo says that the person to whom the tree is an annoyance may cut it down if he wishes, and take away the wood. 3. Under the term "trees" vines are included. 4. This interdict is available not only to the owner of a house but also to a usufructuary, because it is in his interest also that the tree should not overhang. 5. Moreover, it is to be affirmed that if a tree overhangs a house owned in common, the owners are...


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