belongs to another person, and therefore he is obliged
not only to restore the land, but to make compensation for fruits even
though they have been consumed.

36 A person who has a usufruct in land does not become owner of
the fruits which grow thereon until he has himself gathered them;
consequently fruits which, at the moment of his decease, though ripe,
are yet ungathered, do not belong to his heir, but to the owner of the
land. What has been said applies also in the main to the lessee of land.

37 The term 'fruits,' when used of animals, comprises their young,
as well as milk, hair, and wool; thus lambs, kids, calves, and foals,
belong at once, by the natural law of ownership, to the fructuary.
But the term does not include the offspring of a female slave, which
consequently belongs to her master; for it seemed absurd to reckon human
beings as fruits, when it is for their sake that all other fruits have
been provided by nature.

38 The usufructuary of a flock, as Julian held, ought to replace any of
the animals which die from the young of the rest, and, if his usufruct
be of land, to replace dead vines or trees; for it is his duty to
cultivate according to law and use them like a careful head of a family.

39 If a man found treasure in his own land, the Emperor Hadrian,
following natural equity, adjudged to him the ownership of it, as he
also did to a man who found one by accident in soil which was sacred or
religious. If he found it in another man's land by accident, and without
specially searching for it, he gave half to the finder, half to the
owner of the soil; and upon this principle, if a treasure were found in
land belonging to the Emperor, he decided that half should belong to
the latter, and half to the finder; and consistently with this, if a man
finds one in land which belongs to the imperial treasury or the people,
half belongs to him, and half to the treasury or the State.

40 Delivery again is a mode in which we acquire things by natural law;
for it is most agreeable to natural equity that where a man wishes to
transfer his property to another person his wish should be confirmed.
Consequently corporeal things, whatever be their nature, admit of
delivery, and delivery by their owner makes them the property of the
alienee; this, for instance, is the mode of alienating stipendiary and
tributary estates, that is to say, estates lying in provincial soil;
between which, however, and estates in Italy the