APPROVAL

of M. Le BLOND, Cenflur Royal, Maitre de Mathématique des Enfans de France

I read by Order Of My Lord the Chancellor, the second Edition
of the book entitled; Modern Archeaury, or the art of building well, & C. 11 seemed to me that the dawn of this new Edition, which shows a great connoiffance of the best books made by this bride, saw gathered there,
with as much hay as intelligence, all the proper details: l give more exad:es & erent notions of the various objects of which he efi quefüon in this work; & that fon work, which increases the merit, can only be: eu very useful to the Public. Fair: I ver faults, the 3 Od: obre I 76 3

Li blonde,


Privilege of the king

LOUIS, by the grace of God, King of France & Navarre : to our lovers, the people holding our courses of - PMlement, Masters of OCD requests.lnaires
from our Hotel, Grand-Con (eil, Prevôt de Paris, Baillifs, Sfoéchaux, their civil Leuœnaos, & aurres our Jufüciers that it will belong: sa Lu r. Our amé CHARLES-ANTOINE J oMDERT, our bookseller in Paris, made us expofcr that he delireroit do print &
reprinting works that have as their cirre: AR C H 1 TE C T V re MO DER NE;
Bi.portable bliothtque of.Architecture é/eme,ztairt; ArchittElure Françoift ,.by M. Blondel; course .ArchiuElurt of Vignola, by d'.Aviltr, with a DiElionnaire drs ttrm, s of.ArchittElurt, by the mttnt; Method to learn lt Dt./J"ein, a11tc of Figurts f,, of the Acaddmies; Anatomit to the ufagt of the Ptintrts, by Tc•rttbat; Géom ·sorts The Cleric,' Tr11ité of Stéréotomie, p. Jr M. Frez_icr; Dt 111 décor11tion of Buildings, by Mr. Blondel; the Theory & PratiffUt of the h1rdinage, by Alexander Lt Blond; the Works of Mr. Otanam; , the Works of M. Belidor; [have, lt course dt Mathématique, La Scitnct d, s lngb: iwrs Le Bombardier François, L 'ArchittElure Hydraulique; Cours de Scimce militaire, par M. Le Blond, contenant l' Arith-m'itique & La Geomitrie de l'of], La Fortification,L Arrillerit, L'attact f,, La Difonfa Des Places'., La c11flramlt11tion, La Tafllique, &c. Recueil des Pierres gr11t!the King's Cabinet, please grant him our letters of privilege for this necellaries. A cts cAusu, wishing to favourably treat the Expofant, we have allowed & allow for these Préfentes, print & reprint(scid Books, auram times as good to him femblera , & sell , fair,e sell & d{birer by cost our Kingdom, during the rems <lix years confcfcmives, from the day of the date of Préfentes : Faifons dffenfes
to printers, booksellers and perfumers of any gualicé & conditi ® 
(') to introduce foreign imprints into any link of our obedience, as in the case of printing ott, having it printed, selling, having it sold, debiting or counterfeiting lefdirs
9uelque pretext que ce foie d'au􀄔mentation, correèc1on, changl'mens ou aurres, fans La permiliion expreffe & par ént dudit Expo (: I, m,
or of those who will be entitled to it ; on pain of confrfcation of counterfeit copies,, fe three thousand pounds fine against each of the counter * enans, of which a third to us one; third to the fteltel-Dieu of Paris, & l au AU & re tiets AU e>: pofanc, on to the one who will be entitled to
he, & cous costs, damages: at the expense that these Prefentes will make registered out throughout the Regifl: re of the community of printers & Bookseller of Paris, in three months from the date of I, el!es; 9ue the impre/Iion & téimpretlion defdits Oll•
vrages will do made in tJotre Kingdom, & no .elsewhere, in good paper l!C fine caraeteres, in accordance with the printed sheet, attached for Model fous the comre-fcel of the Prefentes; that the impetrant fe .will comply in all respects with the regulations of The Bookshop, and in particular with those of 1 April 171 ; & that before the expo(so venre, the manufcrits & printed who have Cervi copy to the imprellion & réimpreffion defdit􀃜 Books, will be delivered in the same state where the Approbauon shall have been given , in the hands of our highly-chtr & one Knight, Chancellor of Frauce, the Sieur DE LAMOIGNON, & he iron􀃸 away you handed out two eremplaires of each in our Library pul':,system, a in our Castle of the Louvre, a in that the said Sieur Df. The stump, & one in celle.de· our crès-cher & féal Chevalier Vice-Chancellor & Garde des Sceaux de France, the Sieur de MAUPEOU; the turn on pain of nullity of the Prefemes. Du contenu defquelles vo11s mandons & enjoignons to make jou, ir said Expofant or FES ayans c, 1ufe, fully & peacefully, utfr / R fans that it fois makes them no trouble or impediment. Want the copy to deti\ites iefemes, which will make printed throughout at the beginning or end <ie (said
Open your eyes.liver te􀀵EU for duly fignified; & qu ' aux .copies collated by one of our Ames & feaux Con!secretarysecretaries, Faith added As At ori?inal. Cop, let us ask the first our Huiffier or Sergeant fur CE required, to do for 1 execution of icelles,
all acres re < Juis & néceJfaires, fans ask for other permiffion, & nonobfl: ant clamor of haro, Normnnde charter, & letters to this contrary; because such e{l our plaifir. Given in Paris, on the first day of February, the year of grace one thousand seven hundred and forty-four, & of our reign the Forty-ninth. By the law!ei1,
THE BEGUE,
Rtgêjl.d fur lt Rtgîjlrt XVI. dt / 11 Cl, am/, re Royale & Syndicale Des Librairu & lmpri meurs die I bet.s, 11-0, l J 1,fol.61, i: onformù, I, nf to regulations dt 1713 • .In Paris lt 6 arrows BRETON, S7ndic.


modern architecture book fifth.
De La CouruME de PARIS eoncernant
THE BATIMENS.
WARNING.
This Treaty of Us & Customs dl: extract from the commentary on the custom of Paris, by M. De Ferriere, title ninth, which
deals with fervitudes & reports of jurors-Experts concernam the $ Bâtùnens. Il dl: of an indifpe neceffity.Nable for Archi
Teel: Es, Masons, entertainers, & in general for all those punches who have interest to know what concerns law
Bitimens & parts that depend on it. We are not unaware that the same Articles of custom that we report here are explained in more detail in a book that appeared a few crazy years ago the title of the Loix Des bâtimens , by Mr. Difgodets. But we were poffeffion of this part as soon
the Old edition of the Archec?modern era, & we did not want to cut anything in it from what we had given to the Public in the previous. Thus we offer him to revise this treatise of Customs and usages with several changemens, notes & increases eonfiderables, which we thought we should add to it, to facilitate the intelligence of some places of the custom that seem difficult to hear.I N T R O D U C T I O N.
Devotees in general.
We talk about two strong fervirudes: one perfonneITe, the other real. The first, of which there is no efi: not here quefüon, dl: the one that reduces the Mad Men The puiffance of others: the other, which we will treat, looks at the goods & inheritances ; it fe fubdivife in two efpeces, favor in urban, & in rufüques or rural. Urban fervirudes look at the maifons set up for habiu.in cities or elsewhere: the rufüques or rurales concern the funds of. land, property & inheritances, such as
land, meadows, vineyards, & c. Here are the various types of urban fervences: 1°. to be obliged to raise or not to raise fon wall or fa maifon up to a certain height, for the convenience of Fon voûn. Altius
tollendi , vel mm tollendi. To receive fur fa maifon or in fa yard the waters falling from the roof or yard of Fon voi!in. StiL!icidii a11erundi.
3°. From fupporter the charses of the maifon voifine; as lorfque the one who efi: owner of a cellar from the fondemens
jufqu'a􀀭 floor last floor of a maifon which apycientrcienton Fon-vo1fin; efi: forced to bring the wall qm _ efi: ban ddfos.
Oneris {ermdi.
4°. To offer that the voifin put Fes beams Foli Fes folives fur your wall: Tif{ni immùtemli. 5°. To offer that the voifin has failed as your inheritance. Projiciendi, vel protegendi. 6°. Not to prevent the sight of the maifon voifine, or not to make it obfcur, read by raising a wall, or by planting trees which by their haircur prevent the day or the
light to enter the maifon of voifin. Ne projpecpec1ui aut luminibus o. fficiatur.
The fcrvitudcs which concern the inheritance of fields are eight in number, favoring: 1°. the right of a small path in the legacy of Fon voifin, to be able to a river river in Gen: to go & de
come by this path & walk there on foot & horseback. link. 1 °. The right of a path in the inheritance of Fon voifin, by
which one can make paffer carts, carts, & other cars. Aaus.
3°. The right to paddle all strong cars by the herita.ge de Fon voifin. Through. This fervour contains both
other.
4°. The right to cause waters to be polluted by the inheritance of another, liver by pipes of lead, of wood, of stone, or of other maciere.
A qu.t ° duc1us.
5 . The right of puifer to water in the fountain or well of
fon °voifin. Aqza luwjlus.
6 . The right to water Fez befriaux in the waters of Fon voifin.
Pecotis ad a9uam appu!juice.
7°. The right to cook lime, draw fable, chalk
white, or stone, in the fund of others. lus calcis coquend, e, aut aren,e vel creu fodiend, e, & lapidis eximendi. (8) the right to pasture on the lands of others. lus pecoris pafcendi. Any fervitude must be based on a legitimate title, fleeing from this axiom of law, that there is no forvicude fans title. Because there. jouiffance of an iervitade for more than a hundred years, fans no title, can not become a fervicude right. The
contrary, - though fervitude cannot be acquired by pleasure
fance, per u_ (um,, it can be extinguished: idre by non-jouiifance, pe, noll ufum. C efl-IE _ qu􀄻 by d1x, twenty, or thirty years of
no-cum!fance, one acquires freedom & one Fe delivers iron
vicude, even established by contract. Il dl: free to a family father to impofer fur Con inheritance, jivin falo auz in fuperficie, such fervitud.e let it seem good to him: as it is likewise free to two voifins of such impofcrvitude that it seems good to them as their possessions & inheritances, provided that it does not live against public law. When there is no title which establishes brainpower on either side, it is necessary to flee from the natural law which dictates that each eft master of his inheritance, that he may do in substance & in the ddfus all that good seems to him, while fe conforming nevertheless to the ufages established in each custom.
There are two strong fervitudes; one apparent & Continuous; the other hidden & difcontinuous. The first make those
who fe see &. fe confer of themselves, fans the fact of man, such as views & Windows, sewers & gutters, faillies, & other chofes fcmblables. The hidden & difconcinues fervitudes make those who do not fe see & who can not fe preserve of themselves, fans the fact of man, as the Iron
vitudes itineris, aRûs, vù, & c. We shall prefer to explain the articles of us & Customs which have to do with buildings, by fleeing from the text of the custom reported by M. De Ferriere, beginning with Article 184, with a precise explanation of the explanation he gives.

Article 184
When & how I strew the vijùatiqns & expert reports.
In all matters of evidence, the Parties must agree on the trial of jurors or experts, who close the case before the judge. And must be the ratio
brought in jufl: ice, for by pleading or judging 1 € trial there be such respect as raifon, fans that we can ask for amendment. However, the judge may order other or more extensive vifitation to be made, if necessary : & where the Parties do not agree to perfonnes, the judge shall appoint of his own motion.
E x P L I C A T I O N.
This Article & Le fuivant were put at the beginning of the ITRE of fervitudes, because they make fujettes contftation materials that can not fe finish vifitation fans & Expercs report & people to this connoi{fans. Their difpofition extends to all matters & disputes that require vifitation, such as when it comes to prifee & eftimacion of works, or value
& the price of inheritances, to share between co-heirs or co-owners ; or when there efr queftion of expenses & improvements made in the inheritance of others: or finally when we foutient
where there is any defect in the work of masons, carpenters, joiners and other workers, or where it is alleged that the person who made them did not perform the contract agreed upon.
In all matters [ujettes à vifitation, les Parties doivent convener en jugement de furés ou Experts, & gens à ce connoiffans, qui font le ferment par devant le Juge. The Parties must feverishly appoint a juror-Expert, each on his side, in accordance with a judgment of the Court of 2.9 January 1616, which added that the judge appointing ex officio must not take the Experts appointed by one of the Parties. Otherwise, there would be reason to fear that these jurors-Experts being appointed by a Feule Partie, Fu!slot won for a make a disadvantageous report to the opposing party. And the judge may appoint Experts of his authority only when the Parties refuse to appoint or choose one, except, however, in the case of disputes between minors, or abfens ; then the judge fc refers to the appointment of the Expert, he chooses one whose probity & talens make him known: c'efr what is called to appoint ex officio.
In case one of the two parties abfente on refuf.1t to appoint an Expert !Article IX of the New Order requires the judge to appoint a judge for the party abusing or refusing the order, to make their report with those who are appointed by the other party. This same Article brings to the end the whole thing to be recovered, so that the party for whom the judge has appointed an Expert can recover it, if it has legitimate cause, & even that the Parties can recover the Experts appointed by their adversary, which seems all the more judicious that the judge mens fe make fur the report of the Experts. For this reason, it must be allowed to recover Experts who are accused, as it is allowed to recover judges in such cases. However as refusal. an Expert attacks FA probity, & that it could happen that a P: trtie, by malice or otherwise, recover an Expert good man, & able to enlighten the judge as the fact in question, it efi honor of the Expert to FE prefer before the judge & to inform him as the disputes that he may have had with the party who recufe him, & to make him know1cre Fon innocence & Fon integrity, as it efr duty of the judge to clear up, liver to foutain !'Expert to the prejudice of recuacion, if it is ill-founded, must appoint another in place, if the recufacion efr found legitimate.
An artic Pa who has appointed an Exp rt can auffi revoke it, fi bon Lui femme, & she is not obliged to say the fujet, but she can appoint another FA instead. However, when the
Experts one started .to. acting on the basis of the fact for which they are appointed, such Experts may no longer be required to revoke or receive their opinion and to issue their report to the Parties which so require.
We put the word Expens in the plural, because regularly it takes two Experts, liver that the Parties n n choose one on each side, or that the judge appoints ex officio, to. less-than the Parties agree to appoint a feul.
By these words read.res or Experts & people has this connoff!years old ., means non-felon 1ES jurors who are created as office & if1f..: jacks in the painting that efr at the Châtelet of Paris ( by the Edit of 1574,.Henry III, which we will discuss below), for the works of masonry & carpentry, as well as the Archfans & Mahres of the trade of which it':.1git in the vifitacion, but auffi the experienced Bourgeois whose Parties can agree among themselves, being understood crazy these words, & people to this connoijfans.
The jurors-Experts were created by Henry III, in 1574; the number was not determined then, but was raised to the parties cafuellcs Qttinze Office5 of jurors of !vlaçonnerie, nine carpentry, & four clerks so-called Ecruoire, for the city & fauxbout"gs Paris. As since the city s'efr fort augmented & expanded, enforte-that jurors can not provide to make their own.reports, by judgment of the Parliament of 1 3 August 162 2, All Master Masons Charp Carpenters of the said island were allowed to perform the same duties as the jurors in office. On the complaints that 1ES jurors made, it was again created in two times ten-seven jurors Masons, eleven jurors Carpenters, & five clerks; ain!i there were then 3 2 jurors of masonry, 20 of carpentry, Greff 9 clerks : but this number was limited in 1639 by judgment of the Confeil d'etat. Finally, by an edict of May 1690, The King revoked all these offices & created 50 jurors, of which there are 25 Bourgeois & 2 5 Entrepreneurs, with 16 clerks. By the same Edit, the King has created auffi by increasing 4 clerks of the B􀄱rimens or de !To the same rights & prerogatives as the 16 who were already in charge, in a way 9u'there are currently 2.0. The Clerk of the jury Masons had the title of Clerk of the writ, as he sees in the Edict of Henri Ill, given in 1577: from there comes that in the article foivant,. who efi: the i 8 5e _of custom, he dl: die, that mi.nute du rapport doù être mife es mains du Clerc. l y r eu Rulings that have allowed qaelqnefoig to ParrieS> of choifir 􀂥􀂦's special 􀂧ens of well & to the connoi/[years, fans be Jurors or Experts, but 11 paroîc that this ufage dl: abolished & repealed by the Edict of 1690, porrant creation of Jurors-Experts &. Clerks of !'Writing-book, by which defenses are made to all perfonnes
of whatever quality & condition they Fou, & crazy ciucic pretext that this puiffe be, to make no reports, stopped
memoirs, viviites, & other reams concerning works of art: to the Parties to agree in juftice for Experts, other than those who will have offices : to the" judges, to appoint ex officio, & to have regard to reports which may be made by others: & to the clerks of the Writitory to receive & send no reports that those who will make rendered by the jurors: on pain of invalidity of all the aforesaid bills, costs, damages & interests of the Parties, & d:E three thousand pounds fine against each of the c0ntrcve.1.1 years. Who fam close it by before the judge. Since the Edfr ce 1690, jurors-Experts are no longer required to lend other ferment quç
the one they do at their reception. By this edict, The King difpenjè them to lend new ferment in the fanc1ion of their Offices,
waited for the one QA'they lent at their reception. These are the, terms of the edit that dl: pofrérieur à tOrdonnance.
And must be the report brought in jujlice, for pleading 0u ju
of raf{on, fans that we can {(fa de,
ma11der Amendment. Soon after the vifitation has been or -.. the.Jnea, the judgment must be handed over to the jurors-
Experts appointed to do so, so that they can proceed
that after the vilification done, they puff fairo
their report, to have such regard as to raifon, the fe judges
revanc the freedom to decide!'vis live without losses: this
1
QM efr compliant with the .raifon & .at the eqmte. if we can ask for an amendment, we can remove these words from this article 1.84, because every day oh In, ask & we order.,. -: do.,. -:
Nevertheless, the judge may order other or more extensive visjùation to be made, if necessary:. & where the Parties do not agree, the judge shall appoint them ex officio. In the event that the judge is unable to render a certain judgment on the Experts ' contribution, or that the report does not conform to the truth, or to the jufre efrimation des chofes, he may order another report, or appoint an Expert. That if a new verification efr ordered to the requesification - of one of the Parties, it must fe do at fes expense & depehs, fans that after the expenses of icelle enter into tax, if it only efr that the previous vifüe was absolument of zero value.
It has been stated here that the Parties must appoint & agree Experts, not that the judge appoints that make known to him for people integral & experienced in their Art: C'efr as well as must interpret these words, the judge appoints d’o..ffice.

Article 185
How should be done., figné & diliYré the report,
Jurors or Experts, & people connoiifans, have written & signed the minute of the report as the place & before leaving, & put in the infrant said minute hands of the clerk who affifre them which efr held in the twenty-four
he 􀂦res thereafter, to deliver said report to the parties who request it,
E X P L I C A T 1 0 N.
The purpose of this article de.la it is customary for jurors or Experts to write the minute of the report themselves, and that it is up to them to write it, or when they have their report written, by the
Cleric .or clerk's !'Writitory, which accompanies them􀀰 they must the diel: er, & the clerk must write it in the same terms in which the experts Fe fervent, fans there nothing change, add nor subtract. And if the Experts or the Registrar have written the minute of the report, the Experts doivent.la design the premises at the end of the vacation, & deliver the infrai1t in the hands of the clerk or clerk before leaving. lorfqué La vifitation pour la
the Experts appointed cannot be completed in a feule vacâtion, the minute of the efr con report!the Registrar, who is required to report it and to represent it, shall continue to each vacancy. by the Experts .. for places, at the end of [di these vacations. Ainfi Les foriél: ions Des Greffiers ou Clercs de !'Ecritoire are put in writing, in préfence Juror-Experts & crazy their diél:ea, the reports they make of the vifttations, aljgnemens, toifés, prifées & dl:imations, ainfi that other all:es that fe done by the Experts, keeping the minute & to déliner copies to the Parties who require, in accordance with the Edict of creation<. their Charges.
The clerks of the writ receive the same falaire for the reports that the Experts, & in addition they make paid of their groffes : they were obliged above to deliver them to raifon of five
fols tournaments for each role, but since the stamp of the paper marked efl: increased in price, that of their groffes dl:
double. They shall communicate their report only to the Parties,
& deliver no lumps or extracts thereof, except to the Parties, fi ce dl: by compulfoire, if they want to discharge worthy
of their Charge.
Jurors-Experts & clerks have their office, commonly called The Office of the Ecruoire: C'efr the place oi.1 they come together to stop & line some of the reports, & to join when it comes to going to do some toifies & vifitations. There is in the bedroom of Cjvil Park, in the Office of !In the Office of the Clerk of the Parliament, and in both Houses of the petitions, there are tables in which the names of the jurors are written, making provision for the Edict of creation of their Offices, with their abode: in addition, the names of the clerks ' abodes must likewise be written in them . Which cfl held within twenty-four hours after delivering said report to the parties which so require. This must be understood when the report has been made in a short vacation: but when the Experts have used several vacations to make the verification & their report, the 24 hours must count only since the last vacation & the conclusion of the report: still need that the bell or copy puiife ship within 14 hours. Ain fi to satisfy this article's !'Order, the registrars shall not differ in issuing a copy of the report a longer rems than that which efr neces!F. read to make the shipment.
where a judgment or award is to be made for the purposes of the Parties, it shall be understood to mean the purposes which the Parties shall give in respect of the decisions taken in respect of which contentions the judges intervene, and not in respect of any new matter of which no mention is made in the proceedings before the judgment. For these then make incidental demands, fu!"the Experts have no power to act, if not efl: ordered by the judge. Mr In order to ensure that Experts, by giving some form of alignment, make mar1ues & repaires against any chofe that needs to be demolished shortly, they make it required to make the verification
tion with the Clerk of !Before the demolition of the
lair, & the clerk must mention it, both fur the minute lineage of Experts that fur B gro!fe qui dl:!igneous of it: the TUE fans take for said checking, writing & fignacurn, no
falaire (1); What is done: practiced of all rems (adds M. de Fer
riere) to avoid abuse & high costs 9 he could fe
do by such ways. Article V, Voyerie, calls this
checking a harvest, & made Defenfe to Voyers to take no falaire.

Article 186
If the fer11ùude, & la li.Berle against the faryude, acquired by prefcription.
Right of fervor is not acquired by long jouiff.- ince, what
let her believe.C, fans title, still 9ue we have enjoyed it by a hundred years: but FE freedom can re-acquire, against the title of fervitude,
by thirty years between aged & not privileged.
E X P L I C A T I O N ..
This Article contains two objects:
tie how the fervirudes must be acquired; & in the fcconde, the way ellis can die out.
Right of / èrvitude is not acquired by long playance (fance ,& C. Perfonne can not claim any right of fervicude fur an inheritance,
fans produce a title that clearly explains all of them.the circumf-
(x) this reaping haunts for the alitnemens, fiais fans,. shall not even be practicable, since the experts ' vacations shall be taxed as well as those of the Registrar. Giving an alignment, they have hay obferver fi haunts they take fonr good & Colides, & if they do point at the rifque of ecre d{molis: but quanl!i on fo find
in the case of changing these rep1ires, it would not be ju/le to require Experts & clerk a new faM tranfport fee: ainfi it dl: NEC-ciary to pay them comes the times they go. The same does not apply to Messrs. Les Tréforiers de France, to whom the King has granted certain rights for the alignemens to be responsible for the harvest: they must therefore fill in the fresh fonéon fan5, otherwise this would be a double làlaire. this title must be in writing, authentic, & in good form, failing which the applicant must be rejected. Ain fi La poffeffion fans titre, quelque longue Qu'elle FOI, dl: of no value to acquire a férvicude; whence it flees that fervitude is not acquired by tolerance or by foufli-ance, as would a view or a paffage tolerated by Affe: ion; it must be necessary!a title. The evidence by witnesses must not be admitted to confrituate a crvitude for an inheritance, even if the one who claims to be entitled to crvitude in would have enjoyed a hundred years & more, especially in this case the poffeœon efl: regarded as a ufurpatiop. And when it is said that fervitude is acquired only by a title, by this word is meant a jufi: E title, as of sale or sharing, exchange, or donation, & not a colorful title, or fouffrance & familiarity.
But freedom I can re-acquire against the ture of Jervùude, & c. Although fervitudes could not acquire fans title, by whatever rems this foit, nevertheless one can re-acquire freedom against fervitudes founded & established as titles ju!L: are & legitimate, fans no title nor conceœon of franquiffemcnt; it's efi:-to say, in the event that the one to whom the fervitude éroit due has ceffé enjoy, or liver not fcrvi during the rems required by the Custom, which dl: here 30 years : the raifon of this Act in efl: the fervirudes are contrary to the nature of the legacies, lefquels are cenfés free, fi you do jufi:ifie to the contrary, by a title valid foivi of poffeŒon: & moreover, one must judge always in favor of freedom, in dubiis favendum eJl libenati. It efi: to prefum than that
who has cemented during a long period of time the right of fervicude which has cemented during a long period of time the right of fervicude of which he was founded in title, has brought him together & has discharged from him the inheritance as which he considers impor-tant, but which he has lost:he To whom fervitude was due to be imputed for not having fervished himself of the right of which he was impor-tant. There are two strong aeions that concern Real fervitudes: one efi: called confiffoire, & the other negatory. The first fert to demand the fervour which one claims to have furthered the funds of others, concluding that one was maintained in law, & that the owner of the inheritance jervant liver condemned to fouffrir La jouiffance de cette fervitude, & at all costs, damages & interests. The fecund efr brought by the one who foucient Fon inheritance free & exempt from any fervirude, against the one who claims that he is!L: charged to the link: finding that he liver defenscs to fa part of further ufurper in the future the right by him claimed, & at all costs, damages & interest.
One asks fi the fervirudes can be extinguished & in what way; & fi a maifon acquife by decree, to which the voifin who have the right of fervitude is not efl: no oppofé, efl: purged by decree. The quefl: ion dt all decided by the second part of this article 1 8 G ; it is no longer a question of explaining the different ways in which we can fe deliver a crvirude: C'efl: what we will do in the fleeting remarks. Freedom can therefore be re-acquired, 1°. by the confufion of the property, it is: - that is, when the owner of the dominant inheritance acquiesces in the inheritance which owes fervency; or, when the pro.:. F. rieties of the two legacies of which one cil: charged with fervirudc towards
in the same perfonne: because one can not "
not to say that we have the right of fervence for a good of which we have the pro- , Priety. C'efl: why from the moment someone acquires the Hey-1:
riitage vitude, who this fervoit fervitude to fien, efi: or extinguished him & ne to whom can most ficn devoic fub.!ifl: er, A when Iron 􀀲
even one of those inheritances would make a lunatic run away.
2 °. By non-ufage, non-utendo, during the Times determined by law, ten years FA see between prefens, & 20 years between abfens, fleeing from Roman law: but by our costum it takes
30 years of prefcription, as it says at the end of the text of this • Article 186r
3°. By the renunciation of fervour made by the one to whom it was di1e: because he dt free to everyone to renounce fes rights & to hand them over to Fon debitellfr 􀁇
4°. By the refolutiot'l of drnic de celui GUI confl:itué une fervirude fur un héritage. An heir had charged a fervirude with a crazy condition Legue Fund, which arrived some tems after. i.
It efl: quefl: ion to see G the fervor established for this inheritance father the heir who LC eguated cft éreinte: it was decided in favor
legata 5°. By the loss of the chofe who must fa fervinrde. As if a field that owes a path or pa right!fage fe found entirely fubmcrgé & covered by a river that began to establish Fon lit: or fi the source of water that had to fervirude to the voifin fi: encierement Désirée, férvitus aqu􀄙 hauritnd􀀪 extinguùur. But. fi Les chofes fe rerabliffrnt dans la fui.tee &. return to their first state to the extinct fervicude reffused & has the same strength as it had before.
6°. By the clauses & conventions listed in the confl::icution of the fcrvicude. As if a fervor were established on condition that it would make extinguished if the one to whom it dl: due made this or that chofe. For although this convention is contrary to the law of fervitude , which must be perpetual and not temporal, nevertheless it must be obferved.
7°. Finally, by the decree, which purges the nonvifiable fervitudes, but not those that make apparent & vivibles, as do the fervirudes of sewer, sight, faillie, & other similar, because the awardee by decree of the maifon who in dl: charged, could not claim caufe ignorance, having been able to see them or have them seen by Experts. But 1 s hidden & non-violent rights, such as the rights of way, paffage, & others, fe lose famc oppofition to the decree of the maifon as they make claimed s, because the successful tenderer could not have any connoiffance. This difpofition takes place both for the fervirudes rufl:ic for the urban confifl:ent in the fact of perfonnes, such as those of the path, & a v. rti _vues as the legacy of others, lefquelles fe lose ( not utendo) by not faifant point ufage. By confeqnent he who has prevented fon voifin from enjoying any fervorude shall begin to prefer the freedom of inheritance of the day of the impediment or contradiél:ion made in judgment, in the event that the prohibition has had effect, & that the impediment shall be such as he who has begun to enjoy the fervorude ceffe to enjoy it. The same is not true of the fervences which conflate to the feul state of the inheritance to which the fervirude cfl: attached, lefquellcs does not lose nt non uundo, & freedom against the title of these fervitudcs cannot be acquired in this way.iere, but feulement lorf that the owner of the inheritance that owes fervor does & confl:ruit some work that prevents the jooif - 􀁃
fance of fervence, insforte that the work had remained in state for 30 years, fans that celcu to whom the ' fervirude was due
liver plaintr
Mr. Goupy, or if they wish to go back to the source, they must resort to the comment of Mr. de Ferriere as the neck
ume de Paris, in four volumes in: folio, of which this is only a very short xtrait.
Let us suppose, for example, that by a fervent Confraternity for the benefit of the maifon of Sempronius, I could not raise my own qne up to a certain height: it cannot be said that I pt1iffe acquire freedom against this fetvitude during .3:0 :;iJlS., In. be doing anything that would f o contrary. But I could l>cquérir in the event that I euffe some chofe contrary to this fc rvirudc, as to raise my maifon beyond the agreed height between Sempronius & me, if it had remained in the filence p for 3 years , fans make any oppofition to my entreprife against fon right of fervitude.
The refrt= cc elè gold policy by the Custom of all propriéaircs affecting their legacies voifins, as the nécefüté of contrast -walls, the difi:ances prefcrites for 1 s v;ies straight & those <the side, to the edges & the top urs of enfaîtemens or support, for the views -custom & their fittings, for the féparation it.es property & inheritance by the walls closing & for the height that it must be these walls, to have foffes & firms aifances in fa maifon, & other réglemens of a similar nature, all this shall not "be deemed as fervitude, but one hundred of the reciprocal duties of voicing established for the good of society , which the description cannot destroy. The QM perfonnes will be curious to deepen this article of a custom, as well as the others of which we will speak, for
Mr Defgodets ' choice of buildings was confused ., . is in the day by Mr. Goupy, or if they wish to go back to the source, they must resort to the comment of Mr. de Ferriere as the neck
ume de Paris, in four volumes in: folio, of which this is only a very short xtrait.

A R T I C L E 187. 
Who has the fol has the dejfùs fr the dffeus.
Whoever has the fol, called the floor of the chaulfed floor, of auun inheritance, he can & must have the deifus & the deffous of fon
1, & May edify by ddfus & by dcffous, & make therein well, lif mens mens, & other lawful chofcs, if there is no title to the contrary.
E X P L I C A T I O N.
It is necessary to obfer that the fol or floor of the heated floor does dl: said. uc of the fund fur which a building efr b􀂉ti; Jurifconfultes the ilein uent of the same building, app llant this fund {olum, & the edice which cfi: confi: ruit, fuperficie: forte que fdon they all bâment confifre in two chofes, the fund or fol, & fuperficie or furface. Gold like furface or fuperface (ttdificium fuper pf?fitum) can not fubfifi: er fans the fol, from there comes that fes Loix have decided that the cede building at the back, cujus 􀀁 / L folum ejus eJl Colum; by confection whoever poffede the fof can shot deffus & deffous.
It leaks from this principle, 1 °. that anyone who has the fol can build deffi1s fi high as he wants, even though he inconveniences by-there the view of Fon voifin (1) if there is no title on the contrary, C'efr-to.- say the Cervitude non alti us tollendi, of which we spoke above. 2. 0• he can do crazy Fon fol anything he likes, & fi forward in !wanders that he thinks fit for his use, as cellars, Wells, aifemens, & all other choCes, provided that he does not Fon fol, obcerving however the regfemens made as this fujet, unless the voifin had title to prevent it. 3°. That all that dl built to the deffus & deffous of fon fol belongs to him fans other title than that same fol : that he can prevent Fon voifi.N to build there, & force him to demolish cout what there would have been built, fi it was
swear (ervùutis.
It has been further decided that the owner of a hencage can difpofer ainu que bon lui Cemblc de l'eau dont la fource prend FA nai!fance in fon fund, & turn her away from that of Fon voifin, in which she have wont to sink 4for more than forty years. But the owner of the lower legacy efr required to receive water & to give him Con ordinary course Dcifus Con-Legacy, fans the power to hold back nor entertain elsewhere.
The one to whom belongs the fol of whatever inheritance this liver, must enjoy the cost of what efi: thickets, of whatever depth this puiife be, liver stone, fable, glaife, masonry, source of waters, & generally all that can be found there, if there is t1trc on the contrary. It is called the floor of the fol, or heated floor, that which founds at the level of the tcrrein, liver it finds exalting level
with the street, or that it gets a little haut US high or a little lower:. & 'on nom jùpe, jicie, tout bitiment, foit lo ement, puits, cave,
or other, & generally anything that can fe onfrruire fur Le fol ,nt nt mac; onnerie that carpentry, menuierie, ironwork, cover, or other.
He did not allow a voifin d'abaiifer fon fol lower ciue elui de Fon voifin, fans foutenir, nor to reheat fans crazy-enir this R hauffement.
C He who builds, fois ddfus or deffous Fon fol, against a voifin, ILO build D to-lead, & L voifin can not emp&expensive by any hofe that liver, if he has a title to do so.
He who builds the first in place not clofe of walls, can make half the earth of Fon voifin, to carry fon wall, ourvu that the entire thickness of the wall does not exceed R 8 inches, years y understand the wheelbase, lcqu 1 must not have more cie 3 inches on each side. If inadvertently an owner fouilloit, or faifoit search, n the inheritance of the fon voifin & the dégradoit, removing of contents ound & farms , such as the fable, the t rre frank, of the laife, rock, pebbles, stones, or other chofes· femblabl s, ur lef wh s he would built, it should remain for 3 o years guarantor of the occurrence of the degradation, & in addition to this do
masonry able to carry building to the place of graded. This was judged ain.ft by judgment of 2 May 1649.Il happens qqelquetimes EU such a 1 deifus of fol who does not have the deffous, Feit by acquiGtion or sharing between co-heirs of which
or in any other way than this liver, as by deilinacion of family perc, which is worth a
itre. In this case, when the same may_fon dl: poifédée by two different owners whose run has I down & the other deffus, they can do one & the other what they like in the portion
they shall, provided, however, that they do not
harm to each other, both in terms of commo tiveness and in terms of weight. For example, the poffdfc ur of the lower part of this maifon can not put a forge there, because it incomrno-
eroit the one who poffede the deifus. This has been ain!I decided by Aret of 2.6 January 1671.
Nor can we change chimney pipes from their places, nor make new ones where there would be plS; there dl: the same with other chanbem ns or innovations that we would do
bli E to make paifer through the portion belonging to the other

Article 188

Counter wall for vise!e. who makes stable against a wall moùoyen ( 1), he must do against wall of eight inches of hairdresser, height up to the ground of the feeder..
E x P L r c .A r 1 o N ..
This article of custom & escapees establish the rules
that one must flee so as not to cause harm to FES voifins.
By the word "terraced wall" is meant a wall that feares two inheritances, & which efr common to the owners of the two maifons
voifines, to whom they belong half by half & by undivided. Sometimes we call a terraced wall a wall that spares two
inheritances, although it aptartian in full to one of the two owners who made it bacir at fes costs & expenses. In this case,
the one to whom it does not belong has the right to make a stable or a stable, by making a counter-wall of 8 inches thick!up to the height of the feeder. This against-wall must always be done from the inside of the barn, because it only does to preserve the foot of the adjoining wall and to prevent the manure from the barn to rot. Amfi, fi the stable was all surrounded by mitpyan walls, it should be against walls on all sides:&, even, stupid!idérer La chofe, ce n'efi pas le côté de la mange_ôre qui efr le plus expofé à la rotiture du manger. This counter-wall should not be linked with the real wall, since it does not eft po_µr confer it, it must be joined.&. applied, because if it came by the escape to be damaged by manure, we could redo it fans be forced to nothing < soften the adjoining wall, instead if there is seen liaifon, demolishing this against-wall we would make gratchcmens to the other that caµferent real harm.
By the same raifon, to all the places where we entered!in the case of manure against a common wall, it shall be made 8 inches thick against the wall at least in the whole extent of what may be occupied by the manure, both for the width and for the height, & at least two feet of pr.ofondeur in foundation. 01_1 must _ob (crv􀃮R the same chofe for Sheepfolds.
(1) Moiroyen * as holding the middle between me & you: quaji meus & tuus, - vtl quaji mtdius inter utrumqut. luf AU re1 of the feeder. This is not well explained; For if one hears the bottom of the manger, these stables usually make loud slaps, & there would have been no countermeasures. There is an appearance that by the ground floor of the manger we heard rather the edge of the top of the manger, these strong counter walls, according to the ufage, having to be about 3 feet high at the deffi1s of the area on the heated floor of the stable. With regard to the eight inches of thickness, ordered by custom, for the counter-walls, he dl: crazy-understood that one must make them thicker fi this thickness dl: not fuffifante relative to the materials used for their confi: ruelion.
As for the fence walls of the inheritances of the. campaign that belong to a feul owner, the other voifin can not S' N fervir in any way. The raifon of this difference efi: that the Custom allows the owners of the inheritances of the campaign of fe clorre, but not to compel their voifins to contribute to the expenses of the closing. Since the wall belongs entirely to the one who had it built at the expense, it does not jufte that Fon voifin puiife will be convinced of it in any way. However, when one wall belongs to a feul, fervùutis swears, the other can do against this wall what it would do against a common wall, which nevertheless could not damage it, like a stable or stable, by making the counter-wall ordered by this article of custom ; but it would not allow him to make against this wall some chofe that could damage it. Ainfi fi the voifin had raised at fes' expense a fence wall between Fon heritage & mine, I could not build against nor ddfus, nor support the beams & folivcs of my maifon, because the
in this case, the right of fcrvicude would be established only to oblige the voifin to make at its expense a wall of separation between our D OWS rnaifons, fi ed in that city or in another, which otherwise would have to be done at common expense.
Anyone who makes barn comre wall mb􀀈t<:;Yen, he feroit good to add here, to the conjlruc1ion which the voijzn will have contributed, must f. 1ire against the wall, &c: because that, in effect, fi the mar common has been built to pay the costs feuls of the one who makes the barn or the stable adoifée against, although this wall fcrve cl&ture to the aut􀃂e voifin, it femble that you can't force them to do ice wall against it, jufqu'that fon voiGn fe the foit made adjacent by the rem-
bourfement of half cc it cost, if there is title to the contrary . This obfervation & exception must also take place pot1r Les cloaques & Les foifes d'aifances. It is necessary to place bollards of difrance in difrance in front of the adjoining walls, when they find fur a paffage along which he PAFFE Cleave carriages & other cars, in order to prevent the wheels & aiffieux touch & demolish the wall. Similarly, to prefer the adjoining walls of the shock caused by the recoil of the carriages & other cars, one must put structural barriers well sealed in the bottom of remifes & sheds, & keep them a little away from the wall, so that they receive felles the first shock of the wheels.