QUESTION ONE. 17 



international law of the right conferred upon the United States by 

 the treaty of 1818, will aid in solving the conflicting contentions under 

 this Question. The provisions of the treaty will then be examined 

 to determine the measure and extent of the right conferred and 

 whether the granting state has reserved the right to make limiting 

 regulations; application will then be made to the several contentions 

 of Question One of the principles of international law which it is 

 thought properly govern them. 



NATURE OF AN INTERNATIONAL SERVITUDE. 



The conception of international servitudes, so clearly recognized 

 in international law and applied by nations in their intercourse, is 

 borrowed from the Roman law. The various examples of the jura 

 in re aliena, recognized by that law, are enumerated and their nature 

 defined, by the writers on the civil law, among whom those mentioned 

 below may be cited. 



The Roman law servitudes were divided into personal servitudes, 

 the usus, ususfructus, hdbitatio and operae servorum, and real (prae- 

 dial) servitudes. The latter were again divided into rural servitudes, 

 (servitutes praediorum rusticorum) and urban servitudes (servitutes 

 praediorum urbanorum). The most important of the rural servi- 

 tudes were the servitus itineris, actus, viae, and aquaeductus, embra- 

 cing the several rights of way, and the right of drawing water on 

 another's land. 



The most important urban servitudes were the servitus altius non 

 tollendi, having reference to the height of buildings; the servitus 

 tigni immitendi, the right of placing -beams in a neighbor's wall to 

 support the story of a building ; the servitus oneris ferendi, the right 

 to use a neighbor's wall to support another wall; and the servitus 

 stillicidii, the right to drop or to conduct rain water on a neighbor's 

 premises. The praedial servitudes were inseperably connected with 

 land and must have had as a necessary foundation a praedium serviens 

 upon which the servitude was imposed and a praedium dominans to 

 enjoy the benefit of the servitude. The one piece of land was said to 

 serve the other. 



Moyle: The Institutes of Justinian, 4 ed. (1906), pp. 46-47. Moyle: Jtit- 

 peratoris Justiniani Institutions, 2 ed., pp. 216 note, 217 note, 219-222 notes. 

 Sohm : Institutes of Roman Law, translated by Ledlie, 2 ed. (1901), pp. 358-368. 



