A Memoir of the Construction, Cost, and Capacity of the Croton Aqueduct
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 surreptitiously 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 opposition 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.