The Same, On the Edict of the Urban Prætor, Under the Head of the “Prevention of Threatened Injury.” In noxal actions, the rights of those who are absent in good faith are not lost, but, on their return, power is given them to make a defence in accordance with what is proper and just, whether they are the owners or have some right in the property in dispute, such as creditors and usufructuaries.

Gaius, On the Edict of the Urban Prætor: Title, Concerning Threatened Injury. It may then very properly be said that these proceedings should not be taken where the owner of the ruined house failed to furnish security, not through negligence on his part, but on account of some obstacle which prevented him from doing so.

Gams, On the Edict of the Urban Prætor: Title, Concerning Threatened Injury. In a stipulation for indemnity against threatened injury, the rights of those who are absent in good faith are not prejudiced; if, after their return, power is granted them to give security which is only just, whether they are the owners of the property, or have any rights therein, either as creditors, usufructuaries, or ground lessees. 1If any damage is apprehended through the bad condition of a house, or any other structure, which may happen with reference to a building situated either in the city or in the country, or in a private or a public place, the Prætor must see that security is furnished to the person who fears that such damage will occur.