Long continued possession frequently transfers the ownership of
property from one person to another; for whatever anyone has held
for thirty years without molestation, can never be lost through the
claims of another. To the end, however, that the rights of claimant
as well as those of possessor may be properly protected, we hereby
decree that the following law shall be observed by all, to wit: that
wherever any property has been held by any person for from twenty-five
to thirty years, and another person should claim said property; and
the possessor should be notified of said claim either by the judge
or the claimant, and should fail to make restitution, or to answer
within a reasonable time; or should interpose delay under any pretext;
or should assert his claim while the possessor of said property is
absent, that is to say, while he is in another province, or in the
army; under such circumstances, the judge shall deliver said property
into the possession of the claimant in the presence of three witnesses,
in order that the limitation of time may not run against said claim.
And if the judge should order the property in dispute to be delivered
into the possession of the claimant by a bailiff, he shall issue a writ
directed to said bailiff, signed by his own hand, and according to the
form hereinafter specified; and if there should be other property than
that claimed in the place where the latter is situated, in order that
no dispute may arise, the doors or gates of the enclosure where said
property is situated shall be sealed with the signet of the judge or of
the bailiff, and shall remain sealed for eight days; and the claimant
shall retain possession of it for only eight days; but he must not
waste, spoil, or dispose of said property, in any way, but must care
for the same to the best of his ability. After the expiration of that
time he must leave the property intact, in the possession of him who
originally held it, and no responsibility whatever shall attach to him
who had possession of it for the eight days aforesaid. And he himself,
or any of his family or descendants, shall have the right to assert
their claim to said property, at any time within thirty years from the
day when the claimant made the demand as aforesaid. And if said person
should not be able to establish the justice of his claim, he shall
render satisfaction to the owner of the property, as a person making an
unjust demand for something to which he was not entitled. If he should
damage said property, or dispose of it, in any way, while in his
possession, he shall be compelled to restore fourfold its value; and
neither he, nor any of his family or posterity, shall have a right to
make any claim for said property at any time thereafter.
Public-domain text, read in full here on John Shaqi.
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