or the inhabitants
of a
neighbouring
houfe;
and if thofe
laft grant a
term of delay,
it is valid.
A perfon felling
a ruinous
houfe, after
requifition, is
not refpon-
iible for any
accidents it
may oçca lion.
for as the application affects a matter of right in which all are equally
concerned, all are therefore equally entitled to make it.
If a wall lean over towards a neighbouring houfe;, the owner of
the houfe is entitled to require it to be pulled down,— or the tenants,
whether they be hirers or borrowers,— for to fuch perfons in particular
the right appertains in this inftance.
If the owner or tenants of the houfe grant the owner of the wad
a term of delay, or exempt him from refponfibility for any damage
which may be occafioiied by it, it is lawful, and the owner of the
wall is not refponfible in cafe of any thing being deftroyed by its fall,
becaufe the right of the owner or tenant alone is concerned. It is
otherwife where a wall leans over a road, and the magiftrate, or the
perfon who made the requifition for pulling it down, grants a term
of delay, or an exemption ;■ for this is not valid; and the owner of the
wall confequently Hill remains refponfible in cafe of its falling and de-
ftroying anything;, becaufe here the right of everyone is concerned;
and the magiftrate, or the perfon who made the requifition, is not
at liberty to annul a right of the public.
If , after application, a perfon fell a houfe, the wall of which
leans over, and the purchaler take pofleffion of it, and any thing be
then deftroyed. by its falling,, there is no refponfibility whatever upon
either party.— The feller is not refponfible, as offence cannot be efta-
blifhed in him unlefs- it appeared that he neglefted to take down the
wall, having at the fame time ability fo to do; and here his ability has
terminated with the fale:— neither is thtpurchafer refponfible, becaufe
no application has been made to him. But if application be made to
the purchafer after the fale, he then becomes refponfible, as ia
that cafe he poflefles the ability of complying with the requifition.
T he application and requifition for pulling down a ruinous wall The requifi-
are valid when made to any one who poflefles the power of pulling it B B S S
down;— but not when made to one who is not poflefled of this power, be made t0 a
r t n i r r perfon capaluch
as a pawnee, a truftee, a borrower, o ra renter. T h e applica- bleofcom-
tion and requifition in queftion are therefore valid when made to the ft‘ying wltl1
pawnenof a houfe, ^s he has it in his power to pull down the wall by
redeeming his houfe. T h e y are alfo valid with refpeft: to a wall belonging
to an infant when made to the infant’s parents or guardians;
and if, after the requifition, they negledl to pull down the wall, and
anything be deftroyed by the fall of it, the compenfation falls upon
the infant’s property, becaufe their aft: is, in effeft, the aft; of the infant.
They are likewife valid with refpeft: to a Mokdtib, as he may
be authorized to pull down a wall; and alio, with refpeft: to a trading
flave, whether indebted or otherwife, for the fame reafon;— and if,
in this laft inftance, the flave negleft: to pull down the wall, and any
property be deftroyed by the wall falling, the compenfation for it refts
upon the flave s perfon * ;— or, if a man be deftroyed, the fine is due
from the mafter’s Akilas.
I f a ruinous wall be held in coparcenary by feveral heirs, and a The reqnifi-
perfon apply to one of the heirs, requiring him to pull down the wall,
the application affeftrs that heir in particular; and accordingly, i f any c o P a r c e " « s ,
thing be afterwards deftroyed by the falling of the wall, the heir who coparceljer in
was applied to is refponfible in proportion to his (hare of inheritance ; particular’
for it was in his power to have remedied the nuifance by referring the
matter to the Kdzee, and reprefenting the circumftance to him, requiring
his order to his coparceners ( if prefent) to pull down the wall,
or (if abfent) his authority to do fo himfelf.
If a ruinous wall fall upon a man, after application, and deftroy After a wall
fa l l s , i t is th e
* That is, he mull either be made over or redeemed, as in other cafes of offence.
B b b 2 him