BOOK III. Pt. J. Ch. I. a § 36. For modern rights of postl., sec Hall, International Law,' pp. 446, sqq.; ef. 'Anct. Law,' pp. 246, 8qq. : Lab. Si quid bello captum est, in praeda est, non postliminio redit.-1. 28, D. de capt. 49, 15.' (y) A return, however, to the earlier relation of ownership arises by 'ius postliminii'; in the first case exceptionally, but in the second only in respect of certain things." Paul, Postliminium est ius amissae rei recipiendae ab extraneo et in statum pristinum restituendae, inter nos ac liberos populos regesque moribus legibus constitutum: nam quod bello amisimus aut etiam citra bellum, hoc si rursus recipiamus, dicimur postliminio recipere.-1. 19 pr. eod. Pomp. Verum est, expulsis hostibus ex agris, quos ceperint, dominia eorum ad priores dominos redire, nec aut publicari aut praedae loco cedere; publicatur enim ille ager, qui ex hostibus captus sit.-1. 20, I eod.' Cic. Top. 8, 36: Postliminio redeunt haec : homo navis mulus clitellarius equus equa quae frenos recipere solet.1 : Tryph. Si quis servum captum ab hostibus. redemerit, protinus est redimentis, quamvis scientis alienum fuisse; sed oblato ei pretio quod dedit, 1 If aught have been taken in war, it forms part of the booty, it does not return by postliminium. 2 Postliminium is the right to recover from a stranger a lost thing, and to restore it to its former condition, by custom and laws established between us and free kings and peoples. For what we have lost by war, or even without war, if we recover it, we say that we recover by postliminium. 3 It is true that if the enemy have been driven from lands of which they had taken possession, the ownership in these reverts to the earlier proprietors, and they are neither confiscated nor can they be treated as booty; for only such land is confiscated as has been taken from the enemy. 4 The following revert by postliminium: a man, a ship, a pack-saddle mule, a horse, a mare accustomed to take the bit. postliminio redisse aut receptus esse servus crede- (4) Ownership in the thing found (thesaurus) is acquired also by the finder by means of occupatio; but here special legal rules find place." iam a Cf. Black- ii. pp.549, 877.). -Upon the ap ownership to Paul. Thesaurus est vetus quaedam depositio pecuniae, cuius non exstat memoria, ut dominium non habeat: sic enim fit eius qui plication of invenerit, quod non alterius sit; alioquin si quis Trover, see aliquid vel lucri causa vel metus vel custodiae Dicey, Parties condiderit sub terra, non est thesaurus.-1. 31, PP. 347-352; § 1, D. h. t.2 to an Action,' and for property in stolen goods, p. 210. Thesauros, quos quis in suo loco invenerit, steph. Dig. of D. Hadrianus naturalem aequitatem secutus ei Criminal Law," concessit, qui invenerit; idemque statuit, si quis in sacro aut in religioso loco fortuitu casu invenerit; at si quis in alieno loco non data ad hoc opera, sed fortuitu invenerit, dimidium domino. soli concessit. § 39, I. h. t.3 Callistr.: Si in locis fiscalibus vel publicis religiosisve aut in monumentis thesauri reperti fuerint, Divi Fratres constituerunt, ut dimidia. 1 If any one have redeemed a slave that was captured by the enemy, he becomes at once the property of the redeemer, although the latter be aware that he was the property of another; but if the price he paid be offered to him, the slave is considered to have returned by postliminium or to have been received back. Treasure is money deposited as long ago as memory does not avail, so that it has no longer an owner, for it becomes property of the finder because belonging to no one else. Otherwise, if a man have hidden anything under ground for the sake of gain, or by reason of fear, or for safe keeping, it is not treasure. 3 Treasure which any one has found at a place belonging to him, the late Emp. Hadrian allowed to the finder in pursuance of natural equity. And he directed the same, if one chance to find something in a sacred or religious spot. But if a man have by chance found something on ground belonging to another, without having laboured for it, he adjudged a moiety to the owner of the ground. BOOK III. Pt. I. Ch. 1. a Cf. Blackstone, ii. 404 (Steph. ii. 2122). pars ex his fisco vindicaretur; item si in Caesaris possessione repertus fuerit, dimidiam aeque partem fisco vindicari.-D. 49, 14, 3, § 10.1 § 84. COMBINATION AND INTERMIXTURE (ACCESSIO, COMMIXTIO, CONFUSIO.) The following species of acquisition obtain prominence by the fact that they require no special act of acquisition for the acquisition of the ownership; the new ownership, rather brought about by one already existing of the acquirer, naturally devolves upon him. They all rest upon changes experienced by a thing already subject to ownership, so that, if a strict view be taken, no new right of ownership arises. Acquisition of ownership by 'accessio,' that is, increase to a thing or combination with it, whether in respect of immovables or movables." The owner of an estate naturally acquires the ownership (1) of the natural enlargement of it by 'alluvio' (gradual and unobserved deposit of earth), avulsio,' 'insula in flumine nata,' and 'alvei mutatio' (alteration in the bed of the river). : Gai. Praeterea quod per alluvionem agro nostro flumen adiicit, iure gentium nobis adquiritur; per alluvionem autem id videtur adiici, quod ita paulatim adiicitur, ut intelligere non possumus, quantum quoque momento temporis adiiciatur. Quodsi vis fluminis partem aliquam ex tuo praedio detraxerit et meo praedio attulerit, palam est eam tuam manere; plane si longiore 1 The imperial brothers ordained that, if treasure have been found at places belonging to the treasury, or at public places, or in burying grounds, a moiety thereof should be claimed for the treasury; and likewise if such have been found upon property of the Emperor, a moiety should all the same be claimed for the treasury. tempore fundo meo haeserit arboresque, quas Flor. In agris limitatis ius alluvionis locum Insula in flumine nata . . . si quidem. mediam partem fluminis tenet, communis est corum, qui ab utraque parte fluminis prope ripam praedia possident, pro modo latitudinis cuiusque praedii, quae latitudo prope ripam sit; quodsi alteri parti proximior sit, eorum est tantum, qui ab ea parte prope ripam praedia possident.1. 7, § 3 eod.3 Quodsi toto naturali alveo relicto flumen alias fluere coeperit, prior quidem alveus eorum est, qui prope ripam praedia possident, pro modo scilicet latitudinis cuiusque praedii, quae latitudo prope ripam sit; novus autem alveus eius iuris esse incipit, cuius et ipse flumen, id est publicus iure gentium.-Ibid. § 5.* 1 Moreover, what a river adds to cur field by alluvion is according to the i. g. acquired by us. Now by alluvion that appears to be added which is added so gradually that we cannot perceive the extent of the increase at any instant of time. But if the force of the river has torn away some portion from your estate and has carried it to mine, that manifestly remains yours. If for a considerable time it be attached to my field, and trees which it has carried with it have spread their roots into my land, from that time it is considered to be appurtenant to my land. 2 It is settled law that the right of alluvion does not obtain in lands with allotted boundaries. 3 An island that has arisen in a river, if it occupies the middle thereof, is the common property of those who possess lands along the bank on either side of the river, in proportion to the breadth of each piece of land along the bank; but if it be nearer to one side than the other, it belongs to them alone that possess lands along the bank on that side. 4 If a river have entirely left its natural bed and begun to BOOK III. Pt. I. Ch. I. BOOK III. Pt. I. Ch. I. a Cf. D. 19, 2, 22, 2; 18, 1, 20. b § 90. (2) All that through tillage (as long as the tillage exists), planting or sowing becomes (for ever) an integral part of the ground and soil." Gai. ii. §§ 73-75: Praeterea id quod in solo nostro ab aliquo aedificatum est, quamvis illo suo nomine aedificaverit, iure naturali nostrum est, quia superficies solo cedit. § Multoque magis id accidit et in planta, quam quis in solo nostro posucrit, si modo radicibus terram complexa fuerit. Idem contingit et in frumento, quod in solo nostro ab aliquo satum fuerit.' Paul. Item si quis ex alienis caementis in solo suo aedificaverit, domum quidem vindicare poterit, caementa autem resoluta prior dominus vindicabit.-D. 6, 1, 23, 7.3 Ulp. Redemptores, qui suis caementis aedificant, statim caementa faciunt eorum, in quorum solo aedificant.-1. 39 pr. eod.3 Paul. Arbor radicitus eruta et in alio posita . . . ubi coaluit, agro cedit, et si rursus eruta sit, non ad priorem dominum revertitur.-1. 26, § 2, D. h. t.* take another course, the earlier bed belongs to those who possess lands along the bank, and that according to the proportion of the breadth of the land of each along the bank; but the new bed begins to be of the same character as the river itself, that is, to be public according to the i. g. 1 Moreover, that which has been built on our land by any one, although he may have built it on his own account, by natural Law becomes ours, because the superstructure goes with the soil. § Much more does this apply in respect of a plant which a man has placed in our ground, provided only it has laid hold of the earth with its roots. § The same happens with corn sown in our ground by any one. 2 Similarly, he that has built with another's stone on his own ground will be able to claim the house by vindicatio,' but the former owner of the stone will have a claim by vindicatio for it if it has been broken up. 3 Contractors who build with their own stone forthwith make the stone the property of those on whose land they build. A tree plucked up by the roots and transplanted elsewhere, |