LAW OF 16th septembee 1807. l4l 



were not exactly equivalent to that of the two commissions now established. 

 The law of 1807 gives to the Special Commission not only the right to pre- 

 pare or to verify and sanction a roll of the valuation of lands interested in 

 the works, but also the power of regulating ex-propriations, or transfers to 

 the government, of lands requiring to be used in the execution of the enter- 

 prise, where this cannot otherwise be effected. In regard to the inquest 

 de commodo et incommodo, or the necessity of- the measure and the 

 disadvantages which the execution of it might entail on any whose interests 

 might thereby suffer, — it had been the custom that every proposal should 

 be lodged in the Mayor's OflB.ce, with summons to all concerned to put 

 themselves in communication with that office. Objections were recorded, 

 discussed by the Syndical Commission, addressed to the prefect, and then 

 submitted to the Council of the Prefecture. By the law of 1807 it was 

 enacted that objections and protests should be sent by the prefect before 

 the Special Commission, which should decide finally on these. 



The construction of a dike, according to the decree, required no other 

 sanction than that of the prefect, who considered the projects of the 

 engineers, decided whether the construction should or should not be carried 

 out, and gave a final decision on all disputed points. The formalities 

 prescribed by the law of 1807 are more complicated, and require the 

 intervention of the superior administration. 



In regard to the course usually followed in preparing the roU of contri- 

 butions towards meeting the expense of constructiiLg such a dike^ required 

 of the several parties interesed, M. Surell supplies the following information : 

 " The work is begun by arranging all the properties interested in a certain 

 number of classes, determined by the greater or lesser probability of their 

 suffering from inundation. There are thus classified together all properties 

 which have nearly the same chance of being invaded by the torrent; and to 

 each class is given a number, designed to be representative of this probability 

 alone : one class, considered twice as liable to invasion as another, is marked 

 by a number double that of the latter This done, the area of each property 

 is multiplied by the number assigned to the class to which it belongs, as 

 indicative of the chance to which it is exposed. And the total expense is 

 assigned proportionally to the product." 



Thus is the roll of liabilities prepared ; but it is pointed out by Surell that 

 it is neither the most exact, nor the most equitable plan which might be 

 adopted. There may be two properties equally liable, and of equal extent, 

 of very different pecuniary value. The soil of the one may be better than 

 that of the other ; it may have been more improved, it may be of easier 

 access, or it may have upon it dweUing-houses or mansions, and other ameni- 

 ties, which would enhance its price if it were sold. Should this be destroyed, 

 the proprietor would suffer a proportionally greater loss; having thus a 

 greater interest in the maintenance of the dike, he ought to be required to 

 pay a greater contribution towards the execution of the work ; and it follows, 

 that the rule commonly adopted by the syndic, according to which both pay 

 alike, is neither rational nor equitable. The payment ought to be calculated 

 in the same way as the law of probabilities is applied at the gaming-table. 

 And for this purpose there should be determined — (1) The probability of 

 inundation in regard to each property ; and (2) The value of each property 

 menaced. And the product of these, multiplied the one by the other, will 

 give the proper proportion of the expense to be borne by each property. 

 The detenaination of the first of these factors is somewhat difficult, but 



