Gaius, On the Provincial Edict, Book XIX. “The family burying place” means one set apart by some one for himself and his household; but an “hereditary burial-place” is one which a man provides for himself and his heirs,

Gaius, On the Provincial Edict, Book XIX. He who buries a dead body on land belonging to another can be compelled by an action in factum to either remove the body which he buried, or to pay the price of the land. This action can be brought by an heir as well as against one, and it is perpetual. 1Where a man placed a dead body in a stone chest which belongs to another, in which, as yet, no corpse has been laid; the Proconsul grants an equitable action in factum against him, since it cannot be properly said that he placed the body in a burial-place, or on land belonging to another.

Gaius, On the Provincial Edict, Book XIX. Where some one is prevented from burying the body or bones of a deceased person, he can at once make use of an interdict by which it is forbidden to employ force against him, or he can make the interment elsewhere, and afterwards bring an action in factum, by means of which, as plaintiff, he will recover damages to the amount of his interest in not having been prevented from making the interment; and in the calculation shall be included the price of the land which he purchases or the rent of any which he leases, or the value of his own land which no one would render religious unless compelled to do so. Therefore, I wonder why it should appear to be settled that this action cannot be granted either in favor of, or against an heir; as it is evident that it involves the account of a certain sum of money which forms the basis of the claim; at all events the suit can be brought at any time between the parties themselves.

Gaius, On the Provincial Edict, Book XIX. Or he may collect the money from debtors to the estate if he can easily do so:

Gaius, On the Provincial Edict, Book XIX. Where a woman, after a divorce, marries another man and then dies; Fulcinius does not think that the first husband should pay the expenses of the funeral, even though he may have profited by the dowry. 1Where anyone conducts the funeral of a daughter under paternal control, before her dowry is returned to her father; he can very properly bring suit against her husband, but where the dowry has been returned, he can hold her father liable; but, at all events, where suit is brought against the husband, he should return to the father of the woman that much less.

The Same, On the Provincial Edict, Book XIX. Security against threatened injury takes place between the usufructuary and the owner of the property when the usufructuary demands that it be given him on account of bad condition of the ground, and the owner of the property on account of some defect of the work, when the usufructuary is constructing something, for neither of them can demand security from the other on account of a house which was in danger of falling; the usufructuary, because he is not responsible for the repair of the house, and the owner, for the reason that a stipulation is usually entered into by them, under which the usufructuary gives security to repair the property, a provision which applies to this case.