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THE GREEN BAG
that later the spring had begun to flow again. They ask me that the right, which was not lost by negligence or wrong, but because they could not get the water, be returned to them. "As their demand does not appear unjust, I believe they should be assisted. There fore I wish them restored to the rights they had when the spring went dry." A Pr/ETOr's Interdict. The Praetor says: "/ forbid violence to him who ad versely to you seeks to repair and cleanse d sewer, which from his house passes through yours. I will order security to be given as to apprehended damages from faulty work." Ulpian. This interdict pertains equally to near neighbors as well as to remote ones, through whose houses the sewer is carried.
Hence it was that Favius Hela wrote that this interdict permits one to go into his neighbor's house and tear up the stone floor for the purpose of cleansing the sewer. Pomponius writes that in such a case it is to be anticipated that a bond for threat ened damages may be compelled. Such a bond, • however, will not be compelled if he shows himself prepared to restore every thing which it is necessary to tear up in repairing the sewer. Here I leave the subject of " Ancient Lawyers" with the fixed belief that good lawyers have cheered and charmed the world for several thousand years. Topeka. Kansas, July, 1907.
