[PROCULUS libro primo epistularum. ] §8.6.16.prAquam, quae oriebatur in fundo uicini, plures per eundem riuum iure ducere soliti sunt, ita ut suo quisque die a capite duceret, primo per eundem riuum eumque communem, deinde ut quisque inferior erat, suo quisque proprio riuo, et unus statuto tempore, quo seruitus amittitur, non duxit.
[PROCULUS, from the first book of Epistles.] Several persons were accustomed by right to lead water, which arose on a neighbor's estate, through the same channel, in such a way that each led it from the source on his own day, at first through the same channel which was common, and then, as each was lower down, through his own private channel; and one of them did not lead it for the established period in which a servitude is lost.
existimo eum ius ducendae aquae amississe nec per ceteros qui duxerunt eius ius usurpatum esse: proprium enim cuiusque eorum ius fuit neque per alium usurpari potuit.
I think that he lost the right of leading water, and that his right was not preserved by the others who did lead it; for the right of each of them was individual, and could not be preserved by another.
quod si plurium fundo iter aquae debitum esset, per unum eorum omnibus his, inter quos is fundus communis fuisset, usurpari potuisset.
But if a right of way for water had been owed to an estate belonging to several persons, it could have been preserved by one of them for all those among whom that estate was common.
item si quis eorum, quibus aquae ductus seruitus debebatur et per eundem riuum aquam ducebant, ius aquae ducendae non ducendo eam amisit, nihil iuris eo nomine ceteris, qui riuo utebantur, adcreuit idque commodum eius est, per cuius fundum id iter aquae, quod non utendo pro parte unius amissum est: libertate enim huius partis seruitutis fruitur.
Likewise, if any of those to whom a servitude of aqueduct was owed and who were leading water through the same channel lost the right of leading water by not leading it, no right accrued on that account to the others who were using the channel, and that advantage belongs to him through whose estate the watercourse runs, which was lost in respect of the share of one by non-use; for he enjoys freedom from this part of the servitude.