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In whatever accrued by marriage, gift, or collateral succession, the property was secured to the son; but the father, unless he had been specially excluded, enjoyed the usufruct during his life.
The class of well-kept gentlefolk will scarcely be called on to stand alone, in case of a division between those who live by investment and those who live by work; inasmuch as, for the calculable future, it should seem a reasonable expectation that this very considerable fringe of dependents and pseudo-independents will abide by their time-tried principles of right and honest living, through good days and evil, and cast in their lot unreservedly with that reputable body to whom the control of trade and industry by investment assigns the usufruct of the community's productive powers.
The Daika principle that the land was wholly the property of the Crown had thus to yield partially to the urgency of the situation, and during the third decade of the eighth century it was enacted that, if a man reclaimed land by utilizing aqueducts and reservoirs already in existence, the land should belong to him for his lifetime, while if the reservoirs and aqueducts were of his own construction, the right of property should be valid for three generations.* From the operation of this law the provincial governors were excepted; the usufruct of lands reclaimed by them was limited to the term of their tenure of office, though, as related already, legislation in their case varied greatly from time to time.
In this bearing, therefore, the first concern with which these personages are necessarily occupied is the procurement and retention of a suitable usufruct in the material resources and good-will of a sufficiently large and industrious population.
All these things are, at the most, misleading indications of what the Imperial policy would be like under settled conditions and in the absence of insubordination. By way of contrast, such as may serve to bring the specific traits of this prospective Imperial tutelage of nations into a better light, the Ottoman usufruct of the peoples of the Turkish dominions offers an instructive instance.
There was excellent security to offer for their gradual but certain redemption; nor is it anywhere affirmed that the governing body exceeded their powers, or evinced a want of proper caution and foresight. The money raised was applied to just and legitimate purposes, and secured on revenues enjoyed from time immemorial, the usufruct of which might fairly be deemed perpetual.
His gaiety is not a prerogative of the demi-monde, but the usufruct of all classes. Joy is not exclusive or solitary with the Viennese. He is not ashamed of his frolics and hilarities. He does not take his pleasures hypocritically after the manner of the Occidental moralist. He is a gay bird, a sybarite, a modern Lucullus, a Baron Chevrial and admits it.
That ukase ordered the gradual nationalization of all private industries with a capital of not less than one million rubles, but allowed the owners to enjoy the gratuitous usufruct of the concern, provided that they financed and carried it on as before.
It is less certain what happened in the case of lands of which the usufruct alone had been granted to communities of Roman citizens or Latin colonists. Ownership in this case still remained vested in the Roman people, and if the right of usufruct had been granted by law, it could be removed by law.
As to the house, he must have made it over with the outbuildings to the Catholic body of his native town, on condition of keeping the usufruct and of receiving for himself and his brethren the necessities of life. At this period many pious persons acted in this way when they gave their property to the Church.
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