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