1Ulpianus, On the Edict, Book LXVII. Let us see in what cases interdicts are available. It should be noted that they are applicable to both Divine or human affairs; to Divine affairs, where sacred or religious places are concerned. Interdicts are granted with reference to human affairs, where property has an owner, or where it belongs to no one. Free persons are included in that which belongs to no one, and interdicts will lie where they must be produced in court, or conducted anywhere. Things which have an owner are the property of the public, or of individuals. Public property consists of public places, highways, and rivers; property belonging to individuals is such as relates to property in its entirety, as in the case of an interdict Quorum, bonorum, and that which is separated, as in the case of the interdict Uti possidetis or De itinere actuque. 1There are three kinds of interdicts, exhibitory, prohibitory, and restitutory. There are also certain interdicts which are of a mixed nature, and which are both prohibitory and exhibitory. 2Some interdicts have reference to the present time, and others to future time. The interdict Uti possidetis has reference to the present time, and the one De itinere actuque de aqua sestiva has reference to future time. 3All interdicts are personal in their application, although they appear to relate to property. 4Some interdicts only last a year, and others are perpetual.

2Paulus, On the Edict, Book LXIII. There are double and single interdicts. The interdict Uti possidetis is an instance of a double one. Exhibitory and restitutory interdicts are single, and there are also prohibitory interdicts, as for instance, those De arboribus cædendis and De itinere actuque. 1Moreover, interdicts will lie in favor either of persons, or for the purpose of upholding the Divine Law, and protecting places which are religious; for example, to prevent any act being committed in a sacred place, or to compel matters to be restored to their former condition, where anything has been done; which includes the interdict having reference to burials and the construction of tombs. Those which have been established in favor of persons either have reference to the common welfare, the maintenance of the rights of individuals, the discharge of official duty, or the preservation of private property. The interdict granting the use of public highways and public rivers, and prohibiting any obstruction from being placed upon a highway is an instance of one instituted for the common welfare; the interdicts to compel the production of children and freedmen in court are examples of those established for the protection of private rights. The interdict requiring the production of a freeman in court is an example of one to compel the performance of an official duty. Other interdicts are granted for the protection of property. 2Some interdicts include the pursuit of property, as, for instance, the one which has reference to private rights of way, for by proceedings under this interdict the title to property is involved. Interdicts which refer to sacred and religious places also embrace, to a certain extent, the title to property. That which has reference to the production of children in court, and which we have stated has for its object the maintenance of private rights, is also of this description, so that it is not strange that interdicts relating to private property include the title to it and not the right to its mere possession. 3Those interdicts which have reference to private property are instituted either for the purpose of acquiring, recovering, or retaining possession. Interdicts to obtain possession are such as are available by parties who have not hitherto acquired it; and an example of these is the interdict Quorum bonorum. The Salvian Edict which relates to pledges is one of this kind, and is as follows: “I forbid violence to be employed to prevent the purchaser from using a right of way which was used by the vendor.” Interdicts for the recovery of possession are mentioned under the title, “Unde vi,” for there are certain interdicts which are classed under this head. The interdict, “Uti possidetis,” is an instance of one of those issued for the purpose of retaining possession. As we have previously stated there are also interdicts which are double; these are for the purpose of both recovering and retaining possession.

3Ulpianus, On the Edict, Book LXIX. In interdicts issued to compel the return of crops, the date when they were issued is taken into consideration, and not any previous time.

4Paulus, On the Edict, Book LXVII. In cases where the interdicts are only in force for a year, Sabinus is of the opinion that an action should be granted after the year has elapsed, if the party who is sued has obtained any of said crops.

5The Same, On Sabinus, Book XIII. Noxal interdicts are those which are granted on account of some crime committed by persons under our control; as, for instance, where they have forcibly ejected anyone, or have erected a new work either by violence, or clandestinely. It is, however, the duty of the judge to release the owner, if he places the property in its former condition at his own expense; or if he permits the work to be removed, and directs a slave to be surrendered by way of reparation. If he does not surrender the slave, judgment must be rendered against him for the amount of expense incurred in removing the work; and if he neither suffers it to be removed, nor removes it himself, if he can do so, he shall have judgment rendered against him for an amount which the court may determine, just as if he himself has constructed the work in question.