202 
Italian Irrigation. 
the water, whether on the farms, or across the roads, so that 
these latter shall suffer no injur}^, especially in rainy weather. 
" 5. The water may be conducted, or caused to pass, above or 
below canals previously existing, new channels of brick or lime 
being made for it in such manner as that the water flowing under, 
shall not be mixed with that flowing over, or within the pre- 
existing canals. 
" G. These new channels must be maintained in such condition 
as that the proprietor of the water at the upper levels shall suffer 
no damage from the reflux of the same. The water shall have a 
free and unobstructed course." 
The Visconti, the French, the Spaniards all re-enacted these 
laws with some additional details ; and the Republic of Venice 
applied a similar system to its territory of Verona. After the out- 
break of the French Revolution and the wars in Italy, many of the 
old laws having been swept away in 1802, it was found necessary, 
in 1804, to re-enact the statutes of Charles V. respecting irrigation ; 
and it is remarkable that, when the Austrians at their accession 
to power removed from their new code, in 1816, the "right of 
passage " in consequence of the ti'oublcs and disputes which arose, 
the Aulic Council was constrained to restore it in 1820. 
Piedmont, though it cannot point to records and statutes as 
old as those of Lombardy, has followed the same general course ; 
and her modern code fully and clearly provides for the protection 
of rights connected with iirigation. Under this law, a proprietor 
wishing to have the use of water employs an engineer to draw up 
a petition to the Intendant of his province, stating the proposed 
objects, with explanatory plans and sections. The Intendant then 
directs the Government engineer to inspect the spot, and report 
on the petition ; and later, forwards both the petition and the 
report with his own comments, to the Secretary of Finance, whose 
duty it is to obtain the Royal sanction. 
The chief benefits of this organisation are, that a proprietor 
desirous of using water knows distinctly where to apply for a 
sanction ; and when his application and offer are approved, can 
go fearlessly to work to carry out his plan. The keystone of the 
whole fabric is the " right of passage " or transit for your supply 
of water across your neighbour's land — an invasion of the general 
law of property, which experience has shown to work so much for 
the common good, that in the words of Giovannetti at the close of 
his elaborate report, " it may be frankly stated that in northern 
Italy the right of passage has received the most solemn sanction, 
popular, political, and legal." Both old and modern codes, as 
quoted by Colonel Baird Smith, guard carefully against the abuse 
of this right. The rate; at which land taken for this purpose shall 
be paid for, varies considerably ; the price has been as much as 
