Whenever the space required by law is not left between the nets of fishermen, this frequently gives rise to disputes and litigation. Hence We have decreed with reference to these controversies that where the defendant is legally defeated, and the space will permit, he shall,- in conformity with law, be compelled to remove his nets as far as possible; but if space is lacking to enable him to do this, it must be ascertained from what time the nets were set in the place which is in dispute; and if the plaintiff was present, and asserted no claim, and ten years have passed since the nets were first stretched there, they shall remain undisturbed. But where the plaintiff has been absent, the expiration of ten years will not be sufficient to have them removed, and it will be necessary for twenty years to elapse. This rule shall be applicable to private individuals, but as title by prescription is acquired against churches, monasteries, and other religious houses, as well as the Treasury, only after the lapse of forty years, the removal of the nets can be demanded by them during this period. Nevertheless, in establishing this rule, We declare that the plaintiff shall not be deprived of the income of his land for the reason that his claim was not allowed on account of lapse of time.