THE TUirPS. 115 



or cesspools to be made within the distance of six feet from 

 the party-wall, and this basin was only five feet and a third 

 removed from it. This time Arnold's man of business did not 

 agree with M. Durut. He answered, " that a basin was not 

 necessarily a cesspool, and that several legislators had made 

 that distinction ; among others, Goupi, who observes, ' that the 

 " Customs of Paris," by prescribing this distance of six feet, has 

 not had it in view to obviate the damage that the filtration of 

 waters might cause, since it does not require it for wells, 

 although the same danger of filtration is encountered with 

 regard to them ; besides, at whatever distance may be the 

 weUs and cesspools, he who constructs them is always re- 

 sponsible for the damage which may be caused by filtration. 

 The principal reason,' " says Goupi, as likewise said Arnold's 

 man of business, " ' is only to remove from neighbours' houses 

 the bad odour which certain watery ditches and cesspools ex- 

 hale.' " But, and here Degodets, another lawyer, is in accord 

 with Goupi, the disposition of article 217 of the "Customs of 

 Paris" cannot extend to the draining wells and ditches receiv- 

 ing rain water, which does not exhale a bad odour. The " Cus- 

 toms of Orleans," article 245, equally establishes this distinc- 

 tion, as Pelhier does positively, in his treatise of the " Contract 

 de Soci6t6," article 5, upon the community of party-walls. 



M. Durut replied; the man of business replied to him. The 

 tribunals were appealed to, to judge the question: they 

 granted that the man of business was right in his distinction, 

 which was affirmed in appeal and in cassation. But Durut 

 was not the man to be beaten by trifles ; he commenced a fresh 

 suit. In his new conclusions he admitted the definition and 

 the distinction adopted by the tribunal j he demanded to 

 prove that Arnold's basin merited the name of cesspool, and 

 consequently came within the application of article 217 of the 

 " Customs of Paris," and article 245 of the " Customs of Or- 

 leans." Experienced persons were named to go to the spot and 

 enlighten the tribunal. Now, in the night which preceded 

 the examination, Durut had thrown over the wall so much 

 refuse, with impure water and filth, into the basin, that it was 

 metamorphosed into an infectious pool, and consequently so 

 declared to be by the examiners ; which produced a condem- 

 nation with expenses against Arnold, obhging him to destroy 



