Pomponius, On Quintus Mucius, Book XXVI. If only the use of an infant slave should be bequeathed, even though in the meantime no employment be made of his services, still, as soon as the child passes the age of infancy, it begins to be operative.

The Same, On Quintus Mucius, Book XXVI. Where a field whose usufruct is ours is flooded by a river or by the sea, the usufruct is extinguished, since even the ownership itself is lost in this instance; nor can we retain the usufruct even by fishing. But as the ownership is restored if the water recedes with the same rapidity with which it came, so also, it must be said that the usufruct is restored.

Pomponius, On Quintus Mucius, Book XXVI. Mucius says, with reference to what is stated about my acquiring freedom for my building by usucaption, that I could not have acquired it by planting a tree in that same place; and this is correct, because the tree would not remain in the same condition and place as a wall would do, on account of the natural motion of the tree.

Pomponius, On Quintus Mucius, Book XXVI. Where a place is taken by the enemy it ceases to be either religious or sacred, just as freemen pass into slavery. Where, however, such places are freed from this calamity, they are restored to their former condition by a kind of postliminium, as it were.

The Same, On Quintus Mucius, Book XXVI. A definite portion of a tract of land can be possessed and acquired by long possession, and also a certain portion which is. undivided and which is obtained by purchase, by donation, or by any other title whatsoever, can also be acquired in this manner. A portion, however, which is not specifically designated can neither be delivered nor received; as, for instance, if I transfer to you “all of such-and-such a tract of land that I am entitled to;” for anyone who is ignorant of the facts can neither transfer nor receive something which is uncertain.

The Same, On Quintus Mucius, Book XXVI. The words “shall be” sometimes indicate past as well as future time; which is necessary for us to know. When a codicil is confirmed by a will in the following terms, “Whatever shall be included in my codicil,” do they refer to future, or to past time, if the testator had already drawn up a codicil? This must be determined by his intention; for as the word “is” relates not only to present, but to past time; so the words “shall be” not only indicate future, but sometimes, also, past time, for when we say “Lucius Titius is released from his obligation,” we refer to both past and present time; just as when we say, “Lucius Titius is bound.” The same rule applies when we say, “Troy is taken,” for this expression has no reference to the present time, but to something that has already occurred.