it and others take their places, consequently the use of property of a corporation belongs not only to present members but also to future members, so that as soon as any one comes into the corporation he has also the use. In order therefore that a property can have a use for future time also, the property must undoubtedly be preserved. Therefore, since it is plain of itself that a thing has to be preserved by the one who has the use and who cannot use the thing unless its substance is preserved, in order that its future use may not be prejudiced, the property of the corporation must be preserved at the expense of the corporation.
§ 977, part 8, Jus Nat., and § 26, part 4, Jus Nat.
The property of a corporation with respect to the entire state is considered as private property. Therefore since your private property has to be preserved at your expense so that you can have its use, and it would be absurd to pretend that it should be preserved at another’s expense, for example, the state’s, so also the property of a corporation
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is to be preserved at the expense of the corporation, nor can it be pretended that it should be preserved at the public expense of the entire people, or of any others who are outside of the corporation, unless there are adequate reasons why the benefit is sought by others, and if ever this shall have been necessary, the ruler of the state can change it to an absolute obligation.
§ 115. Of the repair of the property of a corporation
§ 114.
Since the property of a corporation is to be preserved at the expense of the corporation, moreover since it cannot be preserved, unless it is restored to a better condition, when that is necessary, property is to be repaired at the expense of the corporation.
For example, if a fountain in the market-place from which all who dwell in the city are allowed to draw water, is going to ruin with age, or some accident happens which renders it useless, it must be repaired at the common expense of the residents. And this is held to be done, if the municipal magistrate, who has charge of the property of the city, makes expenditures of those funds which the residents contribute for that purpose. But in the repair of the property of a corporation, the labour employed in it is also to be charged to the expense account. It is the same of course, whether those who belong to the corporation themselves perform the work, or whether they hire the services of others at a fixed price; for in the former case they save the expense to themselves.
§ 116. Of imposing taxes for the benefit of the property of a corporation
§ 114.
§ 115.
§ 159, part 1, Phil. Pract. Univ.
Since the property of a corporation is to be preserved and repaired at the expense of the corporation, the individuals who belong to the corporation ought to contribute proportionately to the preservation and repair of the property of the corporation, either ordinarily at a definite time or extraordinarily whenever the usual contribution shall not have been sufficient, consequently it is allowable to impose taxes for that purpose, and since what is contributed for that purpose must also be expended for the same, a thing which is evident of itself, those who control the property
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of a corporation are bound to render an account of the administration to the corporation or even to the ruler of the state.
§ 193, part 1, Phil. Pract. Univ.
§ 395, part 8, Jus Nat.
It is better for the individuals to contribute a moderate amount at a definite time rather than to contribute much in case of emergency. Taxes, therefore, imposed for the benefit of the property of a corporation are in accord with perfective law.7 Moreover, it is quite evident with regard to the whole state that these taxes must be looked at as if they were private wealth, over which the entire people, consequently the ruler of the city, has no right, except in so far as he ought to take care that the money be rightly managed.
§ 117. At whose expense the public property is to be preserved and repaired
§ 98.
§ 114.
§ 115.
Public property is to be preserved and repaired at public expense. Since the use of public property belongs generally to all who are of the people, in like manner it is plain that the property must be preserved at the public expense, and it follows directly from this that public property is to be repaired also at public expense, a thing which we have proved of the property of a corporation, and this we have taken from that source.
Of course the one who has the use of a thing is also bound to preserve and repair it so that he can have the use.
§ 118. Of taxes to be imposed for the benefit of public property
§ 117.
§§ 777, 778, part 8, Jus Nat.
§ 934, part 8, Jus Nat.
Since public property is preserved and repaired at public expense, the entire people ought to contribute to the preservation and repair of public property, as shall seem best to the ruler of the state, and what is contributed to that end must also be expended for that purpose, nay more, the ruler of the state, for the purpose of lessening the taxes, may exact from the subjects the labours necessary for preservation.
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It is usually the duty of the ruler of the state to provide for those things that pertain to the public good. If then some defect is found therein, it must be attributed to his negligence. But if he expends for another purpose the things which are contributed for the sake of preserving and repairing public property, that is to be counted as bad management. If contributions are made simply for the benefit of the public, in order of course that the necessary expenses for proper management of the state may not be lacking, it is quite plain that the expenses are to be borne from the public treasury.
§ 119. Of the paying of the impost by those travelling on the public road
§ 118.
§ 88.
§ 929, part 8, Jus Nat.
§ 934, part 8, Jus Nat.
Since the people in general ought to contribute to the preservation and repair of public property, moreover, since public roads are public property, and since he who in fact enjoys the use should be held especially to contribute, in order that he may be able to enjoy it, and since that which is paid as toll is called impost; it is allowable to exact an impost from those who travel on the public road, which impost, since it must be expended for that purpose for which it was imposed, must be expended upon the preservation and repair of the public roads.
Note, § 934, part 8, Jus Nat.
Note, § 118.
See those things which we have discussed elsewhere concerning that matter. Here also is to be borne in mind what we have already noted with reference to the preceding proposition.
§ 120. Of the use of the sea
The use of the open sea consists in navigation and fishing, in occupation of things found on the beach near the shores, as shells, gems and in some places amber, and in extraction of salt
