The Institutes of Justinian by Unknown
page 48 of 272 (17%)
page 48 of 272 (17%)
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vided he abstains from injury to houses, monuments, and
buildings generally; for these are not, like the sea itself, subject to the law of nations. 2 On the other hand, all rivers and harbours are public, so that all persons have a right to fish therein. 3 The sea-shore extends to the limit of the highest tide in time of storm or winter. 4 Again, the public use of the banks of a river, as of the river itself, is part of the law of nations; consequently every one is entitled to bring his vessel to the bank, and fasten cables to the trees growing there, and use it as a resting-place for the cargo, as freely as he may navigate the river itself. But the ownership of the bank is in the owner of the adjoining land, and consequently so too is the ownership of the trees which grow upon it. 5 Again, the public use of the sea-shore, as of the sea itself, is part of the law of nations; consequently every one is free to build a cottage upon it for purposes of retreat, as well as to dry his nets and haul them up from the sea. But they cannot be said to belong to any one as private property, but rather are subject to the same law as the sea itself, with the soil or sand which lies beneath it. 6 As examples of things belonging to a society or corporation, and not to individuals, may be cited buildings in cities -- theatres, racecourses, and such other similar things as belong to cities in their corporate capacity. 7 Things which are sacred, devoted to superstitious uses, or sanctioned, belong to no one, for what is subject to divine law is no one's property. 8 Those things are sacred which have been duly consecrated to God by His ministers, such as churches and votive offerings which have been properly dedi- cated to His service; and these we have by our constitution |
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