ad exhibendum actione tenebitur: quia quod ex Gai. ii. § 79: Paul. Si ex lana furtiva vestimentum feceris, § 87. Loss oF OWNERSHIP FROM SPECIAL CAUses. Apart from the physical or juristica destruction of a § 70. the object, from the loss or surrender of possession in respect of wild animals and res derelictae," and from § 83. the grounds of termination of ownership corresponding to those of its acquisition, loss of ownership in a thing Occurs (1) in the case of prohibited private redress." Imp. Valent. Si quis in tantam furoris pervenerit audaciam, ut possessionem rerum . . . violenter invaserit, dominus quidem constitutus possessionem, quam abstulit, restituat possessori et dominium eiusdem rei amittat.-Cod. 8, 4, 7. 1 If a man have made must from my grapes, or oil from my olives, or garments from wool of mine, and knew that they were the property of another, he will be liable in respect of both by an action ad exhibendum, because that which has been made from a thing owned by us is ours, according to the better opinion. same 2-and he has a personal action" also against the person, because although things which have been destroyed cannot be recovered by vindicatio, they can nevertheless be claimed by a personal action as against thieves and certain other possessors. If you have made a garment from stolen wool, the better opinion is that we must look to the substance, and so the garment will be one stolen. C • When a man shall have gone such lengths of frenzied arrogance as to have taken violent possession of things. . . if he § 23. d Sec § 24. BOOK III. Pt. I. Ch. I. a Inst. 2, 6. Sult. ¿§§ 20, 149, 150. (2) In respect of a fraud on the Revenue. Ulp. quod commissum est, statim desinit eius esse, qui crimen contraxit, dominiumque rei vectigali adquiritur.-D. 39, 4, 14.' (3) Upon desertion of a landed estate. Imp. Valent. Qui agros domino cessante desertos... ad privatum pariter publicumque compendium excolere festinat, . . . si biennii fuerit tempus emensum, omni possessionis et dominii carebit iure qui siluit.-Cod. 11, 59, (58), 8.2 (4) Upon alienation by the Treasury or the Princeps of property owned by another." § 88. ACQUISITION THROUGH OTHERS. Those that are alieno iure subiecti' always acquire for him under whose power they are." But also through extraneae personae'-free representativeswas the acquisition of ownership allowed by the Classical Law in cases where it is brought about by possession; official representatives, e.g., tutors, likewise here acquire ownership for the person they represent. Ulp.: placet, per liberam personam omnium rerum possessionem quaeri posse et per hanc dominium.-D. 41, 1, 20, 2.3 Ner. Si procurator rem mihi emerit ex mandato meo, eique sit tradita meo nomine, dominium be the owner, he shall restore the possession abstracted by him to the possessor and forfeit his ownership of such property. 1 That which has been confiscated at once ceases to belong to the delinquent, and the ownership of the property falls to the Revenue. 2 When a man sets about cultivating lands left desolate by their owner, and that as well for the public as for his own advantage the person that has remained inactive for the space of two years shall forfeit his whole right of ownership and possession. 3 it is held that through a free person possession can be acquired of anything, and ownership thereby. BOOK III. Pt. I. Ch. I. mihi adquiritur etiam ignoranti."-Et tutor pupilli pupillae, similiter ut procurator, emendo nomine pupilli pupillae, proprietatem illis adquirit See note by etiam ignorantibus.-1. 13 eod.' a Walker, ad loc. The usufructuary of a slave, and the bonae fidei possessor of another's slave or of a freeman acquire ' § 85. by him ownership and claims only so far as the acquisition is made from their own property, or is brought about through the labour put forth by such person. Gai. ii. § 91-2: De his autem servis, in quibus tantum usumfructum habemus, ita placuit, ut quidquid ex re nostra vel ex operis suis adquirunt, id nobis adquiratur; quod vero extra eas causas, id ad dominium proprietatis pertineat: itaque si iste servus heres institutus sit legatumve quod ei datum [aut donatum] fuerit, non mihi sed domino proprietatis adquiritur.-Idem placet de eo, qui a nobis bona fide possidetur, sive liber sit sive alienus servus: . . . itaque quod extra duas istas causas adquiritur, id vel ad ipsum pertinet, si liber est, vel ad dominium, si servus est. Ulp.: Tamdiu autem adquirit, quamdiu bona 1 If an agent has by my commission purchased a thing for me, and it has been delivered to him on my account, the ownership is acquired for me, even if unaware of it.—And the guardian of a pupil male or female, in like manner as an agent, by purchase of a thing in the name of the pupil male or female, acquires for them the ownership, even without their cognizance. 2 Now as regards those slaves in whom we have only a usufruct, it has been held that whatever they acquire from our substance or by their own labour is acquired for us, but whatever from other causes than these belongs to their owner. Therefore, if such slave be appointed heir, or anything is bequeathed to him, it is acquired not for me but for the proprietor. The same rule holds in respect of him whom we possess in good faith, whether he be a freeman or the slave of another. . . . Therefore, whatever is acquired from sources other than these two belongs either to the man himself, if he is a freeman, or to his master, if he is a slave. fide servit ceterum si coeperit scire, esse eum alienum vel liberum, videamus, an ei adquirat. Quaestio in eo est, utrum initium spectamus an singula momenta? et magis est, ut singula momenta spectemus.-D. 41, 1, 23, I.1 Id. Interdum tamen in pendenti est, cui adquirat iste fructuarius servus, ut puta si servum emit et per traditionem accepit necdum pretium numeravit, sed tantummodo pro eo fecit satis. . . . Et Iulianus . . . scripsit in pendenti esse dominium eius et numerationem pretii declaraturam, cuius sit.-D. 7, 1, 25, 1. The slave that is owned in common regularly acquires for each of his masters according to their share in the ownership. Gai. iii. § 167: Communem servum pro dominica parte dominis adquirere certum est, excepto eo, quod uni nominatim stipulando aut mancipio accipiendo illi soli adquirit, velut cum ita stipuletur: TITIO DOMINO MEO DARI SPONDES ? aut cum ita mancipio accipiat: HANC REM EX IVRE QVIRITIVM LVCII TITII DOMINI MEI ESSE AIO, EAQVE EI EMPTA ESTO HOC AERE AENEAQVE LIBRA.3 1 Now his acquisitions avail so long as he serves in good faith; if, however, he once learn that he is the slave of another, or a freeman, we have to consider whether he acquires for him. The question goes to whether we should look to the beginning or to the separate moments; and it is the rather to be supposed that we should look to the separate moments. 2 Sometimes, however, it is in suspense for whom such a usufructuary slave acquires, as for instance, if a man have bought a slave who has been delivered to him, but he has not yet paid the price, having only given security for it. And Julian has written... that the ownership of such slave is in suspense, and the payment of the price will determine to whom he belongs. 3 It is beyond doubt that a slave held in common acquires for his masters according to their proprietary shares, except that when stipulating, or when taking a conveyance for one of them in particular, he acquires for that one alore, as for Ibid. § 167: Illud quaeritur, an quod domini dominis iussum intercedens. Nostri prae- Pomp.: Ofilius recte dicebat, et per tradi- Ulp. Hoc iure utimur, ut soli ei adquirat cuius iussu stipulatus est.-1. 5 eod.3 Iul.: quod ex re alterius domini servus communis adquisierit, ad utrumque dominum pertinebit.-1. 37, § 2, de A. R. D.1 Id. Persona servi communis eius condicionis est, ut in eo, quod alter ex dominis potest adquirere alter non potest, perinde habeatur, example, when he stipulates thus: Do you undertake that it shall be given to my master Titius?' or when he takes a conveyance thus: 'I declare this thing to belong to my master Luc. Tit. by Quiritarian Law, and let it be now purchased for him with this piece of copper and this copper balance.' 1 It is matter of dispute whether an order of one master intervening has the same effect as the addition of the name of the master. Our authorities think that it is acquired for him alone who gave the order, just as if the slave had stipulated or had taken a conveyance expressly for him alone. The leaders of the opposite school are of opinion, that it is just as much acquired for both masters as if no one's order had intervened. 2 Ofil. was right in saying that, even upon acceptance of delivery, or in respect of a deposit and loan, he only can acquire who gave the order. We adopt this rule, that he acquires alone for the one by whose order he stipulated. 4 what a slave owned in common shall acquire by property belonging to one of two masters will belong to both masters. BOOK III. Pt. 1. Ch. 1. E E |