praetorian law is such.  There is a law of neighborhood which does not leave a man perfect master on his own ground.  When a neighbor sees a new erection, in the nature of a nuisance, set up at his door, he has a right to represent it to the judge, who, on his part, has a right to order the work to be stayed, or, if established, to be removed.  On this head the parent law is express and clear, and has made many wise provisions, which, without destroying, regulate and restrain the right of ownership by the right of vicinage.  No innovation is permitted that may redound, even secondarily, to the prejudice of a neighbor.  The whole doctrine of that important head of praetorian law, “De novi operis nunciatione,” is founded on the principle, that no new use should be made of a man’s private liberty of operating upon his private property, from whence a detriment may be justly apprehended by his neighbor.  This law of denunciation is prospective.  It is to anticipate what is called damnum infectum or damnum nondum factum, that is, a damage justly apprehended, but not actually done.  Even before it is clearly known whether the innovation be damageable or not, the judge is competent to issue a prohibition to innovate until the point can be determined.  This prompt interference is grounded on principles favorable to both parties.  It is preventive of mischief difficult to be repaired, and of ill blood difficult to be softened.  The rule of law, therefore, which comes before the evil is amongst the very best parts of equity, and justifies the promptness of the remedy; because, as it is well observed, “Res damni infecti celeritatem desiderat, et periculosa est dilatio.”  This right of denunciation does not hold, when things continue, however inconveniently to the neighborhood, according to the ancient mode.  For there is a sort of presumption against novelty, drawn out of a deep consideration of human nature and human affairs; and the maxim of jurisprudence is well laid down, “Vetustas pro lege semper habetur.”

Such is the law of civil vicinity.  Now where there is no constituted judge, as between independent states there is not, the vicinage itself is the natural judge.  It is, preventively, the assertor of its own rights, or, remedially, their avenger.  Neighbors are presumed to take cognizance of each other’s acts. “Vicini vicinorum facta praesumuntur seire.”  This principle, which, like the rest, is as true of nations as of individual men, has bestowed on the grand vicinage of Europe a duty to know and a right to prevent any capital innovation which may amount to the erection of a dangerous nuisance.[32] Of the importance of that innovation, and the mischief of that nuisance, they are, to be sure, bound to judge not litigiously:  but it is in their competence to judge.  They have uniformly acted on this right.  What in civil society is a ground of action in politic