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Now this man himself does not possess in good faith, because he knows the land on which he has seized is not his own: but if he delivers it to another who receives it in good faith, the latter can acquire it by long possession, because it has neither been stolen nor violently possessed; for the idea held by some of the ancients, that a piece of land or a place can be stolen, has now been exploded, and imperial constitutions have been enacted in the interests of persons possessing immovables, to the effect that no one ought to be deprived of a thing of which he has had long and unquestioned possession.
On the other hand, the disturbance wrought by the enforcement of the Trespass Act was already creating fresh wrongs much faster than it was righting old ones; and it is for such reasons as this that both in the common law and in the law of nations the principle has been firmly established that "the fruits of immovables belong to the captor as long as he remains in actual possession of them."
Immovables were thought more worthy of protection against execution and distress than movables, and movables than money. Aquinas advises the rulers of States to encourage the artes possessivae, especially agriculture. The fullest analysis of the order in which the different artes possessivae should be ranked is to be found in Buridan's Commentaries on Aristotle's Politics.
We have consequently published a constitution on the subject, enacting that the period of usucapion for movables shall be three years, and that ownership of immovables shall be acquired by long possession possession, that is to say, for ten years, if both parties dwell in the same province, and for twenty years if in different provinces; and things may in these modes be acquired in full ownership, provided the possession commences on a lawful ground, not only in Italy but in every land subject to our sway.
For this mighty favour they were to transfer, as naturally might be expected, the whole love they had for their native country, to Russia, their new and happy land; for the same Minister of this equitable and generous Empress proceeded to say: I, therefore, inform every person, from the highest to the lowest, that within one month, they must take the oath of allegiance before the witnesses whom I shall appoint; and if any gentlemen, or other ranks possessing real or immovable property, regardless of their own interest, should refuse to take the oath prescribed, three months are allowed for the sale of their immovables, and their free departure over the borders, after the expiration of which term, all their remaining property shall be confiscated to the Crown.
Movables were presumed to be the property of the possessors, until positive evidence was produced to the contrary. A prescriptive title to movables was acquired by possession for one year, and to immovables by possession for two years. Undisturbed possession for thirty years constituted in general a valid title. When a Roman died, his heirs succeeded to all his property, by hereditary right.
We may likewise class among the immovables those fakirs who cause themselves to be interred up to the neck, and who remain thus with their head sticking out of the ground either during the entire time the fair or fete lasts or for months and years. Anchylotic Fakirs. The number of fakirs who continue to hold one or both arms outstretched is very large in India.
The distribution of the spoil was regulated by a divine law: the whole was faithfully collected in one common mass: a fifth of the gold and silver, the prisoners and cattle, the movables and immovables, was reserved by the prophet for pious and charitable uses; the remainder was shared in adequate portions by the soldiers who had obtained the victory or guarded the camp: the rewards of the slain devolved to their widows and orphans; and the increase of cavalry was encouraged by the allotment of a double share to the horse and to the man.
Movables were presumed to be the property of the possessors, until positive evidence was produced to the contrary. A prescriptive title to movables was acquired by possession for one year, and to immovables by possession for two years. Undisturbed possession for thirty years constituted in general a valid title. When a Roman died, his heirs succeeded to all his property by hereditary right.
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