restricted access 10. PUBLIC WORKS
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BOOK FIFTYIPUBLIC WORKS 439 effect, for instance, if a salary was [already] established for a liberal art or for medicine ; for salaries may be established for these reasons. 5 CALLISTRATUS. Judicial Examinations. book 2: The deified Hadrian issued a rescript to the ~icokedians to the effect that what the ordo had once decreed must not be repealed except for cause, that is, if the repeal of the earlier decree relates to the public good. 6 SCAEVOLA, Digest, book 1: It was laid down in the lex municipalis that if anyone judges outside the curia, he is to be removed from the curia and is to pay in addition a fine of a thousand drachmae. The question arises whether he should suffer the penalty if he acted against the decree in ignorance. One replies that penalties of this particular kind are designed for those who know what they are doing. PUBLIC WORKS 1 ULPIAN,Opinions, book 2: Someone appointed as a curator of works and prevented by prescription from the implementation of release, while he leaves his heirs bound under the heading of noncompletion, to which he was subject as long as he lived, does not subject them to any burden which relates to the period falling after his death. 1. Someone had later undertaken the care of building an aqueduct although already involved in another munus. It seemed unreasonable of him to ask to be relieved of the earlier [munus]when involved in them both, when, if it had been right for him to bear only one, he would previously have been likely to gain release from the later [munus] on the grounds of the first munus. 2 ULPIAN,Opinions, book 3: Someone who gave his income for the time being toward the completion of public works from liberality and not because of the constraint of a debt is not to be prevented by envy from enjoying the fruit of his munificence in the form of the inscription of his name on the buildings. 1. However, the curators of works deal with the contractors, the community, with those whom it put in charge of completing the work. Therefore, how far anyone is bound, who is bound, and to whom lie within the discretion of the governor of the province. 2. The governor of the province must use his authority to prevent the erasure of the name of the man by whose liberality a building was erected and the substitution of other names and as a result the withdrawal of similar gifts by citizens to their patriae. 3 MACER,Duties of Proconsul, book 2: A private individual may undertake a new project even without the permission of the emperor, except if it is to outdo another citizen or causes sedition or is a circus, theater, or amphitheater. 1. But it is laid down in constitutiones that a new project at public expense cannot be undertaken without the permission of the emperor. 2. And it is not lawful for any other name to be inscribed on a public building than that of the emperor or of the man by whose money it was built. 4 MODESTINUS, Encyclopaedia, book 11: Nor will it be lawful to add the name of the governor. 5 ULPIAN,Duties o f Curator Rei Publicae, sole book: In the case of a legacy or a jideicommissum left for a building, a rescript of the deified Pius thus prescribes what interest is owed and when: "If, indeed, the day is not prescribed by the men who left the legacies for the erection of statues or images, the time is to be fixed by the governor of the province. And unless the heirs erect [the statues or images], they must pay the community moderate interest for six months, otherwise six percent. But if a day is prescribed, they must put the money down before that day, if they claim not to be able to get the statues or are engaged in controversy over the position; otherwise, they must pay six percent at once." 1. It is not right for public property to be held by private individuals. So the governor of the province will take care to separate whatBOOK FIFTY /PUBLIC WORKS 439 effect, for instance, if a salary was [already] established for a liberal art or for medicine ; for salaries may be established for these reasons. 5 CALLISTRATUS, Judicial Examinations, book 2: The deified Hadrian issued a rescript to the Nicomedians to the effect that what the ordo had...


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