The Same, On Plautius, Book XIII. If an usufruct is bequeathed for alternate years, it cannot be lost by not making use of it; because there are several legacies.

Paulus, On Plautius, Book XIII. If the right to conduct water is granted in such a way that this can only be done during the summer, or for one month, the question arises how it may be lost by want of use; because there is no continuous term during which the party could use it but did not do so? Therefore, if anyone has the use of water for alternate years or alternate months, the right is lost by lapse of double the time prescribed by law; and the same rule applies with reference to a right of way. If, however, the party has a right which he can make use of on alternate days, or only by day, or only by night, this will be lost by the lapse of time established by law, because it is but a single servitude; for Servius says that if he has a servitude which he can make use of every other hour, or only for one hour each day, he will lose the servitude by not using it, because what he has can be made use of every day.

Paulus, On Plautius, Book XIII. Where an usufruct is left to be enjoyed for alternate years, not only one, but several legacies are bequeathed. The case is different, however, where a servitude to conduct water and use a right of way is left; for the servitude of a right of way is distinct, since by its nature it is subject to interruption.

The Same, On Plautius, Book XIII. The time during which the vendor held property before selling it is an advantage to the purchaser, for if the vendor obtained possession afterwards, this will be of no benefit to the purchaser. 1With reference to property which is bequeathed, the legatee is considered to occupy the same position as the heir, so far as the benefit of the time during which the testator possessed the property is concerned.

Paulus, On Plautius, Book XIII. It is evident that, where anyone has a private right to any part of the sea, he will be entitled to the interdict Uti possidetis, if he should be hindered from exercising it, as this relates to a private matter and not to a public one, since the enjoyment of a right based on a private title, and not on a public one, is involved; for interdicts have been introduced for private and not for public reasons.

The Same, On Plautius, Book XIII. Ad Dig. 50,17,176 pr.Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 123, Note 1.No one is granted the privilege of doing for himself what can be publicly done through a magistrate; and this is prescribed in order to avoid opportunities for promoting disorder. 1The value of freedom and relationship is boundless.