of the rest, and, if his usufruct be of land, to replace dead vines
or trees; for it is his duty to cultivate according to law and use
them like a careful head of a family.

39 If a man found treasure in his own land, the Emperor Hadrian,
following natural equity, adjudged to him the ownership of it, as
he also did to a man who found one by accident in soil which
was sacred or religious. If he found it in another man's land by
accident, and without specially searching for it, he gave half to
the finder, half to the owner of the soil; and upon this principle,
if a treasure were found in land belonging to the Emperor, he
decided that half should belong to the latter, and half to the
finder; and consistently with this, if a man finds one in land which
belongs to the imperial treasury or the people, half belongs to
him, and half to the treasury or the State.

40 Delivery again is a mode in which we acquire things by
natural law; for it is most agreeable to natural equity that where
a man wishes to transfer his property to another person his wish
should be confirmed. Consequently corporeal things, whatever
be their nature, admit of delivery, and delivery by their owner
makes them the property of the alienee; this, for instance, is the
mode of alienating stipendiary and tributary estates, that is to
say, estates lying in provincial soil; between which, however,
and estates in Italy there now exists, according to our consti-
tution, no difference. 41 And ownership is transferred whether
the motive of the delivery be the desire to make a gift, to confer
a dowry, or any other motive whatsoever. When, however, a
thing is sold and delivered, it does not become the purchaser's
property until he has paid the price to the vendor, or satisfied