which are thrown overboard during a
storm, in order to lighten the ship; in the ownership of these things
there is no change, because the reason for which they are thrown
overboard is obviously not that the owner does not care to own them any
longer, but that he and the ship besides may be more likely to escape
the perils of the sea. Consequently any one who carries them off after
they are washed on shore, or who picks them up at sea and keeps them,
intending to make a profit thereby, commits a theft; for such things
seem to be in much the same position as those which fall out of a
carriage in motion unknown to their owners.
TITLE II. OF INCORPOREAL THINGS
Some things again are corporeal, and others incorporeal.
1 Those are corporeal which in their own nature are tangible, such as
land, slaves, clothing, gold, silver, and others innumerable.
2 Things incorporeal are such as are intangible: rights, for instance,
such as inheritance, usufruct, and obligations, however acquired. And it
is no objection to this definition that an inheritance comprises things
which are corporeal; for the fruits of land enjoyed by a usufructuary
are corporeal too, and obligations generally relate to the conveyance of
something corporeal, such as land, slaves, or money, and yet the right
of succession, the right of usufruct, and the right existing in every
obligation, are incorporeal.
3 So too the rights appurtenant to land, whether in town or country,
which are usually called servitudes, are incorporeal things.
TITLE III. OF SERVITUDES
The following are rights appurtenant to country estates: 'iter,'
the right of passage at will for a man only, not of driving beast or
vehicles; 'actus,' the right of driving beasts or vehicles (of which two
the latter contains the former, though the former does not contain the
latter, so that a man who has iter has not necessarily actus, while if
he has actus he has also iter, and consequently can pass himself even
though unaccompanied by cattle); 'via,' which is the right of going, of
driving any thing whatsoever, and of walking, and which thus contains
both iter and actus; and fourthly, 'aquaeductus,' the right of
conducting water over another man's land.
1 Servitudes appurtenant to town estates are rights which are attached
to buildings; and they are said to appertain to town estates because all
buildings are called 'town estates,' even though they are actually in
the country. Th
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