THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ LXXXVIII ~ |
CONCERNING
DEPOSITS, NOTICES TO TENANTS, AND THE SUSPENSION OF THE PUBLIC DISTRIBUTION
OF PROVISIONS. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The
Emperor Justinian to John, Most Glorious Praetorian Prefect of the East,
Twice Consul and Patrician. |
PREFACE. |
We have recently
heard and determined a lawsuit (for We sit most frequently in public
in the Empire) with reference to which a question arose which We immediately
disposed of, and having learned that numerous points of the same description
are constantly presenting themselves, We have deemed it proper to provide
for them by means of a common and general law. |
CHAPTER I. |
If
anyone should receive from another gold or any other property deposited
on certain conditions, and these conditions are afterwards complied
with, the depositary will be compelled to return the gold or other property
entrusted to him; and no one not interested in the deposit shall have
the right to seize the property or prevent its restitution; and while
many other privileges have, in cases of deposit, been granted by preceding
legislators, as well as by Ourself, anyone who opposes the return of
the deposit shall no longer be permitted to annoy the owner of the property,
as he who has possession is the one to be sued, and obtain justice and
the benefit of the law; and the third party, who opposes restitution,
shall not be allowed to subject to serious loss him who was notified
not to return the deposit, for the latter will not be obliged to request
the depositor to defend the case, or be responsible for the result,
nor can he conduct it conjointly with the depositor; and if the depositary
should do anything of this kind (for We do not entirely limit Ourselves
to prohibiting such offences, as Our duty is rather to inspire transgressors
with just apprehension), and the property or money deposited should
be lost, and this loss should be proved, or the third party referred
to should cause any other accidental damage whatsoever, he will be liable
for it; and he will, besides, through the mere fact of his opposition
to the restitution of the deposit, be compelled to pay interest at the
rate of four per cent on the money deposited, whether the deposit consists
of gold or other property. We
establish this rule in order that the fear of being punished for their
perversity may prevent men from committing wrong in cases of deposit. |
CHAPTER
II. CONCERNING THOSE WHO OPPOSE THE PUBLIC DISTRIBUTION OF PROVISIONS OR THE PAYMENT OF RENT. |
We
have taken legal steps to provide for everything having reference to
mandates. For We see that it frequently happens, and especially in this
Royal City, that certain persons wishing to interfere with the public
distribution of provisions seize the tickets issued for this purpose
in the hands of the Prefect of Subsistence, and thus those who are only
supported in this manner are deprived of the necessaries of life. But
an abuse more grave and embarrassing still exists, for many persons
owning houses in this Most Fortunate City, who do not live in them,
but expect to receive rent for the same, are annoyed by notices given
their tenants directing them not to pay it. The tenants comply with
these notices, but some of them, through poverty, use the money composing
their rent to purchase food; and others, for the reason that they are
exiles from this great city, fail to send the rent upon which their
landlords are, perhaps, wholly dependent for their subsistence, which
same thing takes place in the public distribution of provisions, as
We have already stated. (1) We grant no one permission to serve notices of this kind, and if any person should commit such an act, his perversity shall not go unpunished; for he is informed that he will be responsible for the cessation of the distribution of bread, or the payment of rent, from the very moment when he notified the tenants or the distributers of provisions, or from the time that the said distribution was suspended, for We do not wish any of these things to occur. If anyone should give notice that such distributions or payments must not take place, We order that he shall be liable for any loss sustained by the owner of the property, as well as for interest at the rate of four per cent on the money or articles, on account of which the loss resulted. No one can prohibit the distribution of provisions, the payment of rent, or the return of deposits, for it is not easy for every person to furnish a surety, and it is provided by Our laws that no interdiction shall be valid unless security is furnished at the time of the notice. Therefore We desire that the present law shall be observed from this day and for all time, to promote the security of Our subjects, and that it may be an eternal source of support to the government, which We have constantly had in mind during its formulation and enactment. |
EPILOGUE. |
Your
Eminence will hasten to carry into effect, and have perpetually observed,
what We have been pleased to promulgate by means of this Imperial Law.
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