Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

1078 SUPERFICIES. SUPERFICIES.
JuLIA, proposed by the dictator C. Julius Caesar, the ground (soluns) also belongs." (Gaius, Dig.
enforced the former sumptuary laws respecting ea- 43. tit. 18. s. 2.) Cicero (ad Alt. iv. 2) uses the
tertainments, which had fallen into disuse. (Dion expression " suspeeficies aediuln." Every building
Cass. xliii. 25.) Julius Caesar adopted strong mea- then was considered a part of the ground on which
sures to carry this law into execution, but it was it stood; and the ownership and possession of the
violated when he was absent from Rome. (Cic. ad building were inseparable from the ownelrship and
Aftt. xii. 7.) He stationed officers in the provision possession of the ground. The Superficies resemmarket to seize upon all eatables forbidden by the bles a Servitus and is classed among the Jura in
law, and sometimes sent lictors and soldiers to ban- re. According to the definition, the Superficiarius
quets to take away every thing which was not had not the thing even In bonis; and as the animus
allowed by the law. (Suet. Jul. 43.) Cicero seems Domini could not exist in the case of Superficies,
to refer to this law in two of his epistles (ad Fran. he consequently could not be Possessor. He had
vii. 26, ix. 15). however a Juris Quasi Possessio. The Superficiarius
JULIA, a lex of Augustus, allowed 200 sesterces had the right to the enjoyment of the Superficies:
to be expended upon festivals on dies profesti, he could alienate the Superficies and pledge it for
300 upon those on the Calends, Ides, Nones, and the term of his enjoyment; he could dispose of it
some other festive days, and 1000 upon marriage by testament; and it could be the object of sucfeasts. There was also an edict of Augustus or cession ab intestato; he could also make it subject
Tiberius by which as much as from 300 to 2000 to a Servitus; and he could prosecute his right by
sesterces were allowed to be expended upon enter- a utilis in rem actio. As he had a Juris Quasi
tainments, the increase being made with the hope Possessio, he was protected against threatened disof securing thereby the observance of the law. turbance by a special Interdict, which is given isn
(Gell. 1. c.; Sueton. Octav. 34.) the Digest (43. tit. 18), and in its effect resembles
Tiberius attempted to check extravagance in the Interdictum Uti possidetis. The explanation
banquets (Suet. Tib. 34); and a senatusconsultum of the passage relating to this Interdict (Dig. 43.
was passed in his reign for the purpose of restrain- tit. 18. s. 3) is given by Savigny (Dats Rec/t des
ing luxury, which forbade gold vases to be em- Besitzes, p. 289, 5th ed.). If he was ejected, he
ployed, except for sacred purposes, and which also could have the Interdictum de vi, as in the case
prohibited the use of silk garments to men. (Tacit. of proper Possession; and if he had granted the
Ann. ii. 33; Dion Cass. lvii. 15.) This sumptuary use of the Superficies to another Precario, who relaw, however, was but little observed. (Tacit. Ann. fused to restore it, lie had the Interdictum de preiii. 52, 53.) Some regulations on the subject were cario.
also made by Nero (Suet. Ner. 16), and by suc- A man could obtain the use of a Superficies by
ceeding emperors, but they appear to have been of agreement with the owner of the land for permislittle or no avail in checking the increasing love of sion ta erect a building on it: he thus obtained a
luxory in dress and food. (Platner, Exercit. II. Jus Superficiarium; and he might also by agreede Legibus Suntnuariis Rose. Lips. 1752; Box- ment have the use of an existing Superficies. He
mann, Disserlt. a2tiquario-juridica de Leg. Rlom, was bound to discharge all the duties which he
Sumnltuariis, Lugd. Batav. 1816.) owed in respect of the Superficies, and to make
Sumptuary laws were not peculiar to antiquity. the proper payment in respect of it (solaSizmn), if
" Our own legislation, which in its absurd as well any payment had been agreed on. The solarium
as its best parts has generally some parallel inthat was a ground-rent. (Dig. 43. tit. 8. s. 2. ~ 17.)
of the Romans, contains many instances of Sump- The rule of law that the Superficies belonged to
tuary Laws, which prescribed what kind of dress, the owner of the soil was expressed thus: Superand of what quality, should be worn by particular ficies solo cedit. (Gaius, ii. 73.) If then a man
classes, and so forth. The English Sumptuary Sta- built on another man's land, the house became the
tutes relating to apparel commenced with the 37th property of the owner of the land. But if the
of Edward III. This statute, after declaring that owner of the land claimed the house, and would
the outrageous and excessive apparel of divers people not pay the expense incurred by building it, the
against their estate and degree is the destruction builder of the house could meet the claimant with
and impoverishment of the land, prescribes the ap- a plea of dolus malus (exceptio doli nsali), that is
parel of the various classes into which it distributes to say, if he was a Bonae fidei possessor. In any
the people; but it goes no higher than knights. other case, he had of course no answer to the
The clothing of the women and children is also re- owner's claim.
gulated. The next statute, 3rd of Edward IV., is According to Coke (Co. Lift. 48, b)," a man may
very minute. This kind of statute-making went on have an inheritance in an upper chamber, though
at intervals to the 1st of Philip and Mary, when the lower buildings and the soil be in another, and
an act was passed for the Reformation of Excessive seeing it is an inheritance corporeal, it shall pass
Apparel. These Apparel statutes were repealed by by livery." But this doctrine is open to serious
the 1st of James I." (Long's Translation of objections, and contradicts a fundamental principle
Plutarch's Life of Sulla, c. 2.) of law.
SUOVETAURI'L1A. [ScaRIFICIUM; Lus- At Rome if a man received permission to build
TRATIO.] on a locus publicus, he thereby obtained a Jus
SUPERFI'CIES, SUPERFICIAIRIUS. - Superficiarium. The Lex Icilia de Aventino, B. c.
Superficies is anything which is placed upon the 456, probably gave the ground in ownership to the
ground, so as to become attached to it. The most Plebs. Dionysius, who speaks particularly of this
common case of superficies is that of buildings lex, says that several persons united to build a
erected on another man's land. " Those are house on the samle plot of ground, and distributed
aedes superficiariae which are built on hired the stories among them; this, however, would not
ground, and the property of which both by the be a case of superficies, but a communio pro inJ'us Civile and Naturale belongs to him to whom diviso. In later times, it was common at Rome