water troughs and reservoirs, fountains; the pipes connected with fountains, although they project far beyond the buildings, are also accessories of a house: so are conduits: but the fish in a fish-pond do not pertain to the house or lands,

16. POMPONIUS.

any more than the young fowls or other animals on an estate.

17. ULPIAN.

Every accessory of land must be attached to the soil, but it should be known that many things may form accessories of a house without being fixed to it, e.g. locks, keys, bolts; there are many things, again, which are sunk in the earth, and yet are not considered pertinents of land or a country-house, e.g. wine-vats and wine-presses, because these rather belong to the head of plenishing, even though they are attached to the building.

1. It is settled that wine and fruits ingathered do not pass to the buyer of a country-house.

2. When land is sold or left as a legacy, the dung and straw belong to the purchaser or legatee, but the stock of wood belongs to the seller or heir, because it is not a part of the land although provided for its behoof. In regard to dung, however, the distinction drawn by Trebatius commends itself, that if meant to manure the land it goes to the purchaser, but if meant to sell it falls to the vendor, provided there is no arrangement to the contrary; and it makes no difference whether it lies in the stalls or has been made into a heap.

affixed to the soil. In the case of a farm, it includes all implements and appliances necessary for preparing and preserving the produce; in the case of a house, it is opposed to ornamentum, and includes in particular the means of protection from fire and storms: see for details D. 33 tit. 7, and D. 19. 2. 19, 2.

3. Quae tabulae pictae pro tectorio includuntur itemque crustae marmoreae aedium sunt.

4. Reticuli circa columnas, plutei circa parietes, item cilicia uela aedium non sunt.

5. Item quod insulae causa paratum est, si nondum perfectum est, quamuis positum in aedificio sit, non tamen uidetur aedium.

esse.

6. Si ruta et caesa excipiantur in uenditione, ea placuit esse ruta, quae eruta sunt, ut harena creta et similia: caesa ea esse, ut arbores caesas et carbones et his similia. Gallus autem Aquilius, cuius Mela refert opinionem, recte ait frustra in lege uenditionis de rutis et caesis contineri,1 quia si non specialiter uenierunt, ad exhibendum de his agi potest neque enim magis de materia caesa aut de caementis aut de harena cauendum est uenditori quam de ceteris quae sunt pretiosiora.

7. Labeo generaliter scribit ea quae perpetui usus causa in aedificiis sunt aedificii esse, quae uero ad praesens, non esse aedificii, ut puta fistulae temporis quidem causa positae, non sunt aedium, uerum tamen si perpetuo fuerint positae, aedium sunt.

8. Castella plumbea, putea,2 opercula puteorum, epitonia fistulis adplumbata (aut quae terra continentur quamuis non sint adfixa) aedium esse constat.

9. Item constat sigilla, columnas quoque et personas, ex quorum rostris aqua salire solet, uillae esse.

10. Ea quae ex aedificio detracta sunt ut reponantur aedificii sunt: at quae parata sunt ut imponantur, non sunt aedificii.

§ 3. Tectorio sc. opere, i.e. mural paintings instead of the ordinary chalk or gypsum covering on the walls. § 4. Reticuli, draperies of fine net-work. cupboards or bookshelves set against the wall.

Plutei are probably

§ 6. Compare D. 18. 1. 66, 2, supra p. 114, and L. 38, 2 infra. Ruta-caesa is often used in a general sense to embrace everything that does not pass to the purchaser as part or pertinent of the thing sold, and may sometimes be rendered 'moveables' as opposed to fixtures; it covered all stock and 2 putea del.

1 caveri?

3. Frescoes on the walls in place of plaster-work, as also marble plaques, are accessories of a house.

4. The draperies on the pillars, the brackets on the walls, and hangings of goats' hair do not belong to the house.

5. Again, anything procured for use in a building, although placed in its position, is not held to be part of the house, until it is permanently attached.

6. If things that may be dug up or cut are reserved in the contract, it is settled that 'things dug up' mean things dug from the soil, as sand, chalk, and the like, while things cut down’ include trees that have been cut, charcoal, and the like. Gallus Aquilius, however, as reported by Mela, observes truly that a clause in the contract relative to things dug and cut is useless, because, unless they are expressly sold, an action by the seller claiming production is competent; for it is no more necessary for him to make a reservation of timber cut down, or of rubble or sand, than of other things of greater value.

7. Labeo states, as a general rule, that things placed in a building for the permanent better enjoyment of it are pertinents, but not what is there for a temporary purpose; for example, pipes laid down for temporary use do not belong to a house, but those which are to remain permanently do.

8. Lead reservoirs, wells, and well-covers, stop-cocks soldered on to water-pipes (or anything driven into the ground without being fastened), are admitted to be accessories of a house.

9. It is also settled that statuettes, as also columns and figures with water spouting from their jaws, are accessories of a countryhouse.

10. Anything removed from a building, if meant to be replaced, is a pertinent of the building; but things provided for incorporation in it are not pertinents.

furnishings, supplies of corn, fruits ingathered, firewood, building materials on the spot, and the like.

§ 10. Things detached from a building when it is sold may yet be appurtenances, e.g. if removed for repairs, or if in use during only a portion of the year and put away for the rest.

11. Pali qui uineae causa parati sunt, antequam collocentur, fundi non sunt, sed qui exempti sunt hac mente ut collocentur, fundi sunt.

18. IAUOLENUS libro VII ex Cassio.

Granaria quae ex tabulis fieri solent ita aedium sunt, si stipites eorum in terra defossi sunt: quod si supra terram sunt, rutis et caesis cedunt.

1. Tegulae quae nondum aedificiis impositae sunt, quarauis tegendi gratia allatae sunt, in rutis et caesis habentur: aliud iuris est in his quae detractae sunt ut reponerentur: aedibus enim accedunt.

19. GAIUS ad edictum praetoris titulo de publicanis. Ueteres in emptione uenditioneque appellationibus promiscue utebantur.

20.

GAIUS libro XXI ad edictum prouinciale.

Idem est et in locatione et conductione.

21. PAULUS libro XXXIII ad edictum.

Si sterilis ancilla sit, cuius partus uenit, uel maior annis quinquaginta, cum id emptor ignorauerit, ex empto tenetur uenditor.

1. Si praedii uenditor non dicat de tributo sciens, tenetur ex empto: quod si ignorans non praedixerit, quod forte hereditarium praedium erat, non tenetur.

LL. 19, 20.-The meaning may be either (1) that, in speaking of the contract of sale or location, the usage was to use either of the correlative expressions (emptio-uenditio, locatio-conductio) indifferently to denote the transaction as a whole; or (2) 'that in the contracts of sale and location terms were formerly used indiscriminately,' which Cujas explains by the hypothesis that the terms denoting sale and location were originally used synonymously (e.g. uendere' and 'locare' in the lex agraria of 643), these contracts not having been discriminated sharply in early times.

L. 21 pr. Here the thing sold is a non-existing and impossible object, and the sale is therefore a nullity.

Besides,

11. Props made ready for use in a vineyard do not belong to the land till they are driven into their places; but if they have been sorted out for the purpose of being set up, they belong to the land.

18. JAVOLEN.

Grain-stores made of planks in the ordinary way are pertinents of a house when the posts are sunk into the ground, but if they rest on the surface they count as moveables.

1. Tiles not yet fixed on a building, though they have been brought there for the purpose of roofing it, are reckoned in the class of moveables; but it is different with those that have been taken off the roof and are to be put on again, for they cede to the building.

19. GAIUS.

The older jurists used the names emptio and venditio for the contract indifferently.

20. GAIUS.

The same is true of the words locatio and conductio.

21. PAUL.

If a man sells the unborn child of a female slave who is barren, or upwards of fifty years of age, he is liable under the action on purchase if the buyer was unaware of the fact.

1. If the seller of real estate knows it to be subject to landtax, and does not inform the purchaser, he is liable under the contract but if the failure to give notice was due to ignorance, the property having come to him say by succession, he is not liable.

it lets in a claim for damages, like the sale of a non-existent inheritance (D. 18. 4. 8, 9). The ground of the claim we may assume to be that the transaction in question infers fraud, or at least inexcusable error amounting to gross carelessness on the part of the seller, and the measure of damages would be the same as is indicated in D. 18. 1. 62, 1, supra p. 111.

§ 1. If the property came by succession, he might fairly plead ignorance of the taxes on it (D. 50. 17. 42). But the plea will