Page:Frontinus - The stratagems, and, the aqueducts of Rome (Bennet et al 1925).djvu/519

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Aqueducts of Rome, II. 129

be adjacent to the City, or in the gardens, properties, or estates of those owners or proprietors to whom the water is now or in future shall be given or granted, he shall be condemned to pay a fine of 100,000 sestertii[1] to the Roman people; and in addition, whoever shall maliciously do any of these things shall be condemned to repair, restore, re-establish, reconstruct, replace what he has damaged, and quickly demolish what he has built—all in good faith and in such manner [as the commissioners may determine]. Further, whoever is or shall be water-commissioner, or in default of such officer, that praetor who is charged with judging between the citizens and strangers, is authorized to fine, bind over by bail, or restrain the offender. For that purpose, the right and power to compel, restrain, fine, and bind over, shall belong to every water-commissioner, or if there be none, to the praetor. If a slave shall do any such damage, his master shall be condemned to pay 100,000 sestertii to the Roman people. If any enclosure has been made or shall be made near the channels, conduits, arches, pipes, tubes, reservoirs, or basins of the public waters, which now are or in future shall be conducted into the City of Rome, no one shall, after the passage of this law, put in the way, construct, enclose, plant, establish, set up, place, plough, sow anything, or admit anything in that space unless for the purpose of doing those things and making those repairs which shall be lawful and obligatory under this law. If any one contravenes these provisions, against him shall apply the same statute, the same law, and the same procedure in every particular as could apply and ought to apply against him who in contravention of this

  1. About £850.
463