The Same, On Sabinus, Book XVI. The purchaser, as well as the other successors (unless the sale is a fictitious one), must either restore the property to its original condition, if they are willing to do so, or must permit this to be done; for it is clear that the plaintiff will be prejudiced by delay. The joint-owner of the person who performed the work is in the same position if he himself had nothing to do with it. The same rule also applies where land is acquired by donation or devise.

The Same, On Sabinus, Book XVI. Sometimes the work which has been constructed after issue has been joined is removed, where that which was constructed before it cannot be removed without destroying the other.

Paulus, On Sabinus, Book XVI. Any work which is performed by order of the Emperor, or the Senate, or by those persons who have first rendered the land capable of cultivation, is not included in this action. 1This action is also available with reference to lands owned and leased by the State. 2Levees made upon private lands along the banks of streams are also the object of this action, even though they cause damage on the other side of the stream, provided they have been constructed within the memory of man, and there was no right to make them.

Paulus, On Sabinus, Book XVI. When an island is formed in a stream, it becomes the common property of those who own land along the bank, not undivided, but separated by distinct boundaries; for each one of them will have a right to that portion of it which is opposite to his land on the bank of the stream, just as if a straight line were drawn through the island.

Ad Dig. 43,8,5Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 458, Note 5.Paulus, On Sabinus, Book XVI. If a stream which conducts water through a public place injures a private person, he will be entitled to an action under the Law of the Twelve Tables to compel security to be given for any damage caused by the owner.

Paulus, On Sabinus, Book XVI. Public rivers which have a regular course, together with their banks, are public property. 1The banks of a river are considered to be those that confine it when the water is at its highest point. 2The places along the banks of a stream are not all public, as they are accessory to the banks, beginning at the point where the latter begins to incline from the level ground to the water.

Paulus, On Sabinus, Book XVI. The right of postliminium is that of recovering from a stranger property which has been lost, and of restoring it to its former condition; and this right has been established among us and other free peoples and kings, by custom and by law. For when we recover anything that we have lost by war or even outside of war, we are said to recover it by the right of postliminium. This rule has been introduced by natural equity, so that anyone who has been detained unjustly by strangers will recover his former rights whenever he returns to his own country. 1A truce is established where it is agreed for a short time and for the present that adversaries shall not attack one another; and during this time the right of postliminium does not exist. 2Persons who have been captured by pirates or robbers remain free. 3Anyone is considered to have returned with the right of postliminium when he passes our frontiers, just as he loses the right as soon as he goes beyond them. When, however, he visits an allied or friendly state, or an allied or friendly king, he is understood to immediately return with the right of postliminium, because, while there, he began to be secure through reliance on the public honor. 4The right of postliminium is not enjoyed by a deserter, for he who abandons his country with evil intent, and with the designs of a traitor, is considered an enemy. This rule only applies to a deserter who is free, whether it be a man or a woman. 5If, however, a slave should desert to the enemy, as his master has the right of postliminium over him, when he is taken by accident, it can very properly be held that he also has the right of postliminium, that is to say, his master will recover all his former rights over him; in order that a contrary rule may not be as injurious to the slave who remains permanently in servitude, as it would be prejudicial to his master. 6If a slave who is to be free under a condition returns after having deserted, and the condition is fulfilled after his return, he will become free. The rule is different, however, when the condition was fulfilled while he was in the hands of the enemy; for in that case he cannot return for himself, so as to become free, nor will the heir have the right of postliminium over him, because he cannot complain, as he has sustained no damage; provided that the slave would have obtained his freedom, if he had not forfeited it by becoming a deserter. 7Again, a son under paternal control, who is a deserter, cannot return with the right of postliminium, even during the lifetime of his father; because his father as well as his country have lost him, as well as for the reason that the discipline of the camp has always been more valued by Roman parents, than attachment to their children. 8Moreover, not only is he understood to be a deserter who joins the enemy, or abandons the service during war, but also he who deserts during a truce, or goes over to a nation between which and us no friendship exists, and enters into an agreement with its representatives. 9If anyone who has purchased a captive from the enemy assigns to another, for a larger sum, the right of pledge which he himself is entitled to for having ransomed him, the person who has been ransomed should not pay this amount, but the former one; and the purchaser will be entitled to an action on purchase against the party who made the sale. 10The right of postliminium applies to persons of both sexes, and all conditions. Nor does it make any difference whether they are freemen or slaves; for not only those are recovered by this privilege who are able to fight, but all human beings, because they are of such a character that they can be of use, either by giving advice, or in other ways.