THE ENACTMENTS OF JUSTINIAN.
  
THE NOVELS.
~  LXXXVIII  ~
CONCERNING DEPOSITS, NOTICES TO TENANTS, AND THE SUSPENSION OF THE PUBLIC DISTRIBUTION OF PROVISIONS.



 
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.