[IDEM libro quarto ex Minicio. ] §43.20.5.prCum constat non solum temporibus, sed etiam mensuris posse aquam diuidi, potest eodem tempore alius cottidianam, alius aestiuam aquam ducere, ita ut aestate diuidatur inter eos aqua, hieme solus ducat is qui cottidianae ius habeat.
[THE SAME AUTHOR, in the fourth book on Minicius.] Since it is established that water can be divided not only by times but also by measures, it is possible for one person to draw daily water and another summer water at the same time, so that in summer the water is divided between them, while in winter the one who has the right to daily water draws it alone.
§43.20.5.1Inter duos, qui eodem riuo aquam certis horis separatim ducebant, conuenit, ut permutatis inter se temporibus aqua uterentur: quaero, cum amplius tempore seruitutibus praefinito ita duxissent, ut neuter eorum suo tempore usus esset, num ius utendi amississent.
An agreement was made between two persons, who were drawing water separately at certain hours from the same channel, to use the water by exchanging their respective times with each other. I ask whether they had lost the right of use, when they had drawn water in this way for a period longer than that prescribed for the loss of servitudes, so that neither of them used it at his own proper time.
negauit amississe.
He answered that they had not lost it.