diverted to private houses and gardens.t It is remarkable, and quite an object of regret, that Frontinus, whose details as to the aqueducts are in other respects so copious, has left no record of the rate of this tax, of the principle on which it was assessed, or of its productiveness ; such a table at this period would have been both curious and instructive. A grant of water for private use was in all cases personal, and ceased with the life of the grantee. The residents of the same neighborhood united in building a private castellum, into which the aggregate for all the associates was received from the public castellum.t Each associate had a pipe from this private reservoir of the dimensions equal to his share, and the castellarii who had the supervision, as well of private as public reservoirs, were required to see that all these distributing pipes were inserted on the same level, because if some were above, and some below, a given line, the lower pipes would extract the largest quantity. II When, owing to the death of lessees, or other cause, there was a surplus of water, * Front. 197. t Front. 202. j Front. 198. II Front. 200. PRELIM INARY ESSAY. 27 public notice was given, and applicants were supplied in the order of their demands. Where, however, there had been a grant of water to several, holding property in common, the death of one or more of the parties did not vitiate the grant, but it survived as long as any of the parties did. All the public distributing pipes, or calices, were stamped according to their capacity, but a not uncommon fraud of the water purveyors was, when a new grant was made in lieu of one relinquished, or forfeited, to retain the old pipe, from which water was sur- reptitiously sold, while a fresh one was inserted for the new grantee. Experience having proved, that frequently, when essential and speedy repairs were needed on portions of the aqueducts passing through private property, difficulties and delays arose from the oppo- sition of the owners of the neighboring soil, to any passing through their lands, or deriving materials therefrom, for the work in hand, the Senate passed a law, declaring that as often as the aqueducts required repairs, it should be lawful to take from the adjoining lands of individuals, upon the estimate of good men, any earth, soil, stones, shells, sand, or wood that might be needed, taking care to do the least possible injury to the proprietor. As a thing curious in itself, we give in a note the original of this decree as we find it in Frontinus.* Another prolific source of injury to the aqueducts, was from the plantations and buildings, with which the proprietors of adjoining lands constantly encroached upon the lines. Often, indeed, country roads were laid out over the subterranean course of the aqueducts themselves. Trees were planted in like manner over, and near them, and these were found most injurious, for their roots penetrating deep, affected the masonry, and loosened the covering soil. A Senate decree, of which the text is given in the note,t was finally passed to * dvoD. Q,. ^ELIVS. TVBERO. PAVLLVS. FABIVS. MAXIMVS. Coss. V. F. DK. RIVIS. SPECVBVS. JVLIJE. MARCIJE. APPIJE. TEPVLJE. ANIONIS. REFICIENDIS. Q.. D. E. R. F. P. D. E. R. 1. C. VTI. CVM. n. RIVI. FORNICES. Q.VOS. AvGUSTVS. C.KSAR. SE. REFECTVRVM. IMPENSA. SVA. SfiNATVI. POLLICITVS. EST. REFICERENTYR. EX. AGRIS. PRIVATORVM. TERRAM. LIMVM. LAPIDEM. TESTAM. ARENAM. LIGNA. C^TERAdVE. QVIBVS. AD. EAM. REM. OPVS. ESSET. VNDE. Q.V.ECIVE. EORVM. PROXIME. SINE. INJVRIA. PRIVATORVM. TOLLI. SVMI. PORTARI. POSSINT. VIRI. BONI. ARBITRATIO. ESTIMATA. DARENTVR. TOLLERENTVR. SVMERENTVR. EXPORTARENTVR. ET. AD. EAS. RES. OMNES. EXPOR- TANDAS. 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