Julianus, Digest, Book XLI. The creation of a right of way is not prevented by stating that it can only be used during the day; because, in fact, this is almost necessary in the case of property situated in towns.

Julianus, Digest, Book XLI. Therefore, exceptions based on agency should not be interposed against him, nor should he be compelled to furnish security that his principal will ratify his act.

Julianus, Digest, Book XLI. When an agent serves notice for a discontinuance of a new work, and gives security that his principal will ratify his act, withdrawal is also granted in the name of the owner. 1If the owner serves notice for the discontinuance of a new work within a certain time, which is included in the stipulation made with reference to the notice, the stipulation will become operative; if he should serve the notice after the time has expired it will not become operative. For, after the owner has served notice once, he is not permitted to do so a second time, as long as the stipulation entered into with reference to the notice to discontinue the new work holds. 2Where an agent appears with reference to withdrawal, on the part of him who served notice for the discontinuance of a new work, the Prætor should make an investigation to prevent a false agent from prejudicing the rights of the absent party, as it would be intolerable if the benefit granted by the Prætor should be lost by the intervention of anyone else whomsoever.

Ad Dig. 43,20,4Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 449, Note 1.Julianus, Digest, Book XLI. I granted to Lucius Titius the privilege of conducting water from my spring. The question arose whether I could grant to Mævius the right to conduct water by the same aqueduct. If you think that this action can be granted to two persons to conduct it by the same aqueduct, how ought they to avail themselves of the right? The answer was that as a right of way can be granted to several persons conjointly, or separately; so, in like manner, the right to conduct water can legally be granted to them. If the parties do not agree among themselves, in what way shall they make use of it? It will not be inequitable to grant them a prætorian action, just as many authorities have decided that a suit of this kind can be granted in partition to several persons who are entitled to the enjoyment of an usufruct.