THE ENACTMENTS OF JUSTINIAN.
  
THE NOVELS.
~  LXIII  ~
CONCERNING NOTICE OF A NEW WORK WHICH OBSTRUCTS THE VIEW OF THE SEA.



 
S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ).
 

 
The Emperor Justinian to Longinus, Prefect of This City.
PREFACE.
  We think that it is just to forbid and correct an abuse which has been introduced into this Royal City, and relates to the construction of edifices. The Constitution of Zeno, of pious memory, provides that houses shall be separated from each other by a certain space, and We also have ordered something of this kind. The result of this is, that in this Royal City a rule has been established prohibiting anything that may obstruct the view of the sea from being erected at a distance of a hundred feet from it, which is extremely acceptable to all. This rule, however, is evaded by means of a very ingenious expedient. Certain persons, leaving a space of a hundred feet or more, erect buildings without any other purpose than to use them as a kind of screen, and when, on their own authority, they have shut off the view of the sea, as they no longer violate the law which provides that the distance of a hundred feet shall be observed, they build without any interference; and, having obtained what they desire, they demolish the first building which they have fraudulently erected, and thus having evaded the law, they construct other houses for occupancy. We desire that nothing of this kind shall take place in the future.
CHAPTER I.
  But if anyone should wish to plan and execute a fraudulent act of this kind, he shall not do so merely as a pretext, but if he has made a beginning, he must actually construct the entire edifice, at the prescribed distance (that is to say a hundred feet) just as if it was really necessary and indispensable to him; and he shall not build walls merely for the annoyance of his neighbor, and for the purpose of deceiving him, and depriving him of the view of the sea. For as We naturally entertain a dislike for those who appropriate the property of others by force, and think that they deserve punishment, We are also of the opinion that anyone who attempts to deprive another of a view of the sea does not exhibit less malice; therefore, if persons are bold enough to rob others of property of little value, thereby incurring the penalty of quadruple damages through the actio vi bonorum raptorum brought against them, why should it not be necessary for anyone who forcibly deprives his neighbor of the view of the sea to be liable to even a more severe penalty? Hence We decree that such a person shall be liable to a fine of ten pounds of gold, to be paid into the Treasury of the theatres (which is under the supervision of Your Highness), in order that a wicked neighbor may not escape and make a jest of the law, as not being subject to its provisions.
EPILOGUE.
  Therefore Your Highness will hasten to cause to be executed in this Most Fortunate City the matters which it has pleased Us to promulgate by means of this Imperial law, and see that the latter is hereafter always obeyed; as the penalty of ten pounds of gold which it provides shall be imposed not only upon those who violate it, but also upon the officials who permit this to be done.
  Given at Constantinople, on the seventh of the Ides of March, during the eleventh year of the reign of Our Lord the Emperor Justinian, and the Consulate of John.