In the earlier period of the aqueducts, all the water was for the use of the people, " that except what overflowed from the fountains or pools and it was expressly enacted, ;

no private person should divert any water, other than that which overflowed." Even II

this surplus of waste water was appropriated to baths, fullers, dyers, &c., and for it

* Frontinus, p. 160. t Liv. xl., 51. t Frontinus, p. 207.

5 See decree, in Frontinus, p. 194. II Front. 192.

26 PRELIMINARY ESSAY.

a stated tax was paid into the public treasury ; sometimes by general consent, a portion of this aqua caduca was appropriated to the houses of the chief citizens.

The laws are uncertain, as to what magistrate exercised the right of giving, or selling water. Sometimes the Censors, sometimes the ^Ediles are found doing so though it would seem as long as the Republic had Censors, they, rather than others, exercised this power. The caution with which the distribution of the water was conducted, and the fairness with which its use seems to have been granted, are apparent from many passages in Frontinus. On the latter point particularly he states, that the Curule .ZEdiles were

required to select two persons in each street from those who inhabited it, or owned property in it, who should determine where the public fountain, or hydrant should be placed.

Another strong proof of the regard paid to the comfort and wants of the people, in respect of the use of the waters, is furnished by a Senate decree in the time of Augustus,