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Of Things and of the different Modifications of



Of Things.


Of the Division of Things. ART. 439.-The word estate in general is applicable to any thing of which riches or fortune may consist. This word is likewise relative to the word thing, which is the second object of jurisprudence, the rules of which are applicable to persons, things and actions.

ART. 140.—Things are either common or public; they either belong to corporations, or they are the property of individuals.

ART. 441.—Things, which are common, are those of which the property belongs to nobody in particular, and which all men may freely use, conformably to the use for which nature has intended them, such as air, running water, the sea and its shores.

ART. 442.-Sea shore is that space of land, over which the waters of the sea are spread in the highest water, during the winter season.

ART, 443.–From the public use of the sea shores it follows that every one has a right to build cabins thereon for shelter, and likewise to land there, either to fish or

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to shelter themselves from the storm, to moor ships, to dry nets, and the like, provided no damage arise from the same to the builddings and erections made by the owners of the adjoining property.

ART. 444.-Public things are those, the property of which is vested in a whole nation, and the use of which is allowed to all the members of the nation : of this kind are navigable rivers, seaports, roads, harbours, highways and the bed of rivers, as long as the same is covered with water.

Hence it follows that every man has a right freely to fish in the rivers, ports, roads and harbours.

ART. 445.- Things which are for the common use of a city or other place, as streets and public squares, are likewise public things.

ART. 446.-The use of the banks of navigable rivers or streams is public; accordingly every one has a right freely to bring his vessels to land there, to make fast the same to the trees which are there planted, to unload his vessels, to deposit his goods, to dry his nets, and the like.

Nevertheless the property of the river banks belongs to those who possess the adjacent lands.

ART. 447.—The provisions of the ancient law concerning the distinction of things into things holy, sacred and religious; and the nature and inalienability of these kinds of things are abolished; and nothing prevents the corporations or congregations to which these things belong, from alienating them, provided it be done in the manner and under the restrictions prescribed by their acts of incorporation.

ART. 448.- The banks of a river or stream are understood to be that which contains it in its ordinary state of high", water; for the nature of the banks does not change, although from some cause they may be overflowed for a time.

Nevertheless on the borders of the Mississippi where there are levees, the levees shall form the banks.

ART. 449.—Things which belong in common to the inhabitants of cities and other places, are of two kinds:

Common property, to the use of which all the inhabilants of a city or other place, and even strangers, are entitled in common, such as the streets, the public walks,

the quays:

And common property which, though it belongs to the corporation, is not for the common use of all the inhabitants of the place, but may be employed for their advantage by the administrators of its revenues.

ART. 450.-- Private estates and fortunes are those things which belong to individuals.

ART. 451.-Things are divided, in the second place, into corporeal and incorporeal:

Corporeal things are such as are made manifest to the senses, which we may touch or take, which have a body, whether animate or inanimate. Of this kind are fruits, corn, gold, silver, clothes, furniture, lands, meadows, woods and houses.

Incorporeal things are such as are not manifest to the senses, and which are conceived only by the understanding, such as the rights of inheritance, services and obligations.

ART. 452.-The third and last division of things is into nioveables and immoveables.


Of Immoveables. ART. 453.-Immoveable things are in general, such as cannot either move themselves or be removed from one place to another.

But this definition, strictly speaking, is applicable only to such things as are immoveable by their own nature, and not to such as are so only by the destination, of the law.

ART. 454.- There are things immoveable by their nature, others by their destination, and others by the object to which they are applied.

ART. 455.-Lands and buildings or other constructions, whether they have their foundations in the soil or not, are immoveable by their valure.

ART. 456.–Standing crops and the fruits of trees not gathered, and trees while standing, are likewise immoveable, and are considered as part the land to which they are attached. As soon as the crop is cut down, and the fruits

gathered, or the trees cut down, although not yet carried off, they are moveables.

If a part only of the crop be cut down, that part only is moveable.

ART. 457.-The fruits of an immoveable, gathered or produced since it was under seizure, are considered as making part thereof, and inure to the benefit of the person making the seizure.

ART. 458.—The pipes made use of for the purpose of bringing water to a house or other inheritance, are immoveable, and are a part of the tenement to which they are attached.

ART. 459.-- Things which the owner of a tract of land has placed upon it for its service and improvement, are immoveable by destination.

Thus the following things are immoveable by destination, when they have been placed by the owner for the service and improvement of a tract of land, to wit:

Cattle intended for cultivation;
Implements of husbandry;
Seeds, plants, fodder and manure;
Pigeons in a pigeon house;


Mills, kettles, alembics, cisterns, vats, and other machinery made use of in carrying on the plantation works;

The utensils necessary for working cotton, and saw mills, taffia distilleries, sugar refineries and other manufactures;

All such moreables as the owner has attached permanently to the tenement or to the building, are likewise immoveable by destination.

ART. 460.- The owner is supposed to have attached to his tenement or building for ever such moveables as are affixed to the same with plaister, or mortar, or such as cannot be taken off without being broken or injured, or without breaking or injuring the part of the building to which they are attached.

ART. 461.-Slaves, though moveables by their natare, are considered as immoveables, by the operation of law,

ART. 462.—Incorporeal things, consisting only in a right, are not of themselves strictly susceptible of the quality of moveables or immoveables; nevertheless they are placed in one or the other of these classes, according to the object to which they relate, and the rules hereinafter established.

ART. 463.-The following are considered as immoveable from the object to which they apply:

The usufruct and use of immoveable things;
A servitude established on real estate;

An action for the recovery of an immoveable estate or an entire succession.

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