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

DOMIN UNM. DOMINI UM. 421
fortunarulm suarum Romae collocavit:;" and this lost'; the persols who are capable of acquiring,
indirect definition agrees, in part, with one ill the transferring, or losing ownership.
Code, which will presently be cited. Res is the general name for anything which is
There are various definitions of domicilium in the object of a legal act. The chief division of res
the Corpus Juris. One of these (Dig. 50. tit. 1. is into res divini juris, and res humani juris. Res
s. 27. ~ 1) determines that a person must be con- divini juris are those which are appropriated to
sidered to have his domicilium in a municipium, if religious purposes, namely, res sacrae, sanctae, rehe buys and sells there, attends the public spec- ligiosae; and so long as they have this character,
tacles, keeps the festival days there, and, in fine, they cannot.be objects of property. Res humani
enjoys all the advantages of the municipium, and juris are all other things that can be the objects of
none of the colonia, or the place where he is merely property; and they are either res publicae or res
for the purpose of cultivation (ubi colendi ruris privatae. Res publicae belong to the state, and
causa versatur). In another passage (Cod. 10. can only become private property by being detit. 40 (39.) s. 7), it is stated that a civis is made prived of this public character. [AGRARIAN
by origo, manumissio, allectio vel adoptio; but LEGES.] Res universitatis are the property of a
that domicilium, as an edict of Divus Hadrianus universitas, and are not the property of any indeclares, makes a person an incola. Domicilium dividual. The phrase res nullius is ambiguous
is then defined in the following terms: "In eo it sometimes means that the thing cannot be the
loco singulos habere domicilium non amnbigitur ubi property of any individual, which is affirmed of
quis larem rerumque ac fortunarum summam con- things divini juris; when applied to things humani
stituit, unde rursus non discessurus si nihil avocet, juris, it sometimes means that they are not the prounde cumr profectus est peregrinari videtur, quod perty of an individual but of a universitas; yet
(quo?) si rediit, peregrinari jam destitit." such things macy become the property of an inIn a passage in the Digest (50. tit. 1. s. 5), dividual; res hereditariae are res nullius until there
"incolaim esse" and "domlicilium habere "are used is a heres. lies communes are those which cannot
as equivalent terms. be the objects of property, and therefore are res
It was important, for many purposes, to deter- nullius, as the sea.
mine where a man had his permanent abode. An Res corporales are defined to be those " quae tangi
incola was bound to obey the magistrates of the possunt;" incorporales are those " quea tangi
place where he was an incola, and also the magis- non possunt, sed in jure consistunt," as HEREtrates of the place where he was a civis; and he DITAs, USUSFRUCTUS, OBLIGATIONES; and they
was not only subject to the municipal jurisdiction are consequently incapable of tradition, or delivery.
in both municipia, but he was bound to perform The distinction of things into corporeal and incorall public functions (publica munera). If a man poreal did not exist in the older Roman law; and
was bound (obligatus), to pay a sum of money in it is a useless distinction. An incorporeal thing
Italy, and had his domicilium in a provincia, lie is merely a right, and so it is explained in the
might be sued either in Italy or in the province Institutiones (ii. tit. 2, ed. Schrader).
(Dig. 5. tit. 1. s. 19, ~ 4). A son followed the Corporeal things are divided into immobiles, or
civitas which was the naturalis origo of his father, solum et res soli, and mobiles. The ground (solum),
and did not follow his father's domuicilium. If a and that which is so attached to the ground as
manl had no legal father (justus pater), he followed to be inseparable from it without being destroyed,
the origo of his mother. In the Praescriptio longi as a building for instance, are. res immobiles.
temporis decem vel viginti annorum, it was enacted Mobiles res are all such as can be removed from
by Justinian, that the ten years' prescription should one place to another without the destruction of their
apply, if both parties (tam petens quam possidens) character. The class of res mobiles "quae pondere,
had their domicilium in the same provincia; if the numero, mensura constant," are such things as wine,
two parties had not their domicilium in the same oil, corn, silver, gold, which are of such a nature
province, the prescription of twenty years applied. that any the same number, weight, or measure,
(Cod. 7. tit. 33. s. 12.) may be considered the same thing..[IMuTUUs.].]
The modern law of Domicile is a branch of what There is another class of res, consisting of those
is sometimes called international law; and many " quae usu consumuntur, mnintuntur," and those
of the principles which are admitted im modern "quae non, &c." The term siugulae res coupretimes are founded on the Roman rules. (T/re Lae hends either one thing or several things, separately
of' Domicile by Robert Phillimore, 1847; Burge, considered as ones. Such things are either simple,
Comnzents'ies on Colonial and Foreign Lawos, as an animal, a stone; or compounded of parts, as
vol. i.) [G. L.] a carriage, or a ship. Any number of things, not
DOMI'N IUM. Dominium signifies quiritarian mechanically connected, may in a legal sense be
ownership of a thing and dominus, or dominus viewed as one, or as a universitas. (Dig. 41. tit. 3.
legitimus, is the owner. Possessor is often used s. 30; 6. tit. 1. s. 23. ~ 5.)
by Roman writers as equivalenit to owner; but Some things are appurtenant to others, that is,
this is not a strictly correct use of the word. Ini as subordinate parts they go with that which forms
like manner, "to have ownership" is sometimes the principal thing. (Dig. 18. tit. 1. s. 49.) If a
expressed by "possidere;" and the thing in which thing, as a house or a ship, was purchased, the
there is property is sometimes called " possessio." buyer got every thing that was a part of the house
(Savigny, Das Recht des Besitzes, p. 85, 5th ed.) or ship. (Dig. 21. tit. 2. s. 44.)
The complete notion of property or ownership Fructus are what is produced out of a thing by
comprehends the determination of the things which its own productive power; as the grass in a field,
may be the objects of ownership; the power which the fruit on a tree.
a man aiay have over such objects, both as to The division of things into res mancipi and res
duration of time and extent of enjoyment; the nec mancipi, was one of ancient origin; and it conmodes in which own.ership may be acquired and tinued -to a-late period in the empire. Res mancipi
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