courses. * 338 ed(i) of certain iron and tin works, with the appurtenances, To water. situate, and being at,(k) &c. and by reason thereof before and at the time of the committing of the grievances hereinafter mentioned, of right(7) ought to have had and enjoyed, and still of right ought to have and enjoy, the benefit and advantage of the water of a certain stream or water-course in the county aforesaid, which during all that time of right ought to have run and flowed,(m) *and until the diversion thereof hereinafter mentioned, of right had run and flowed, and still of right ought to run and flow unto the said works of the said B for the supplying of the same with water for the working thereof, to wit, at, &c. aforesaid. Yet the said CD well knowing the premises, but contriving, and wrongfully and unjustly intending to injure and prejudice the said A B in this respect, and to deprive him of the use, benefit and advantage of the water of the said stream, and to hinder and prevent him the said A B from working his said iron and tin works in so ample and beneficial a manner as he had theretofore done, and of right ought to have done, and to injure him in the way of his trade and business of a manufacturer of tin plates, which he during all the time aforesaid, exercised and carried on, and still doth exercise and carry on, at the said works, and to put him to great charge, expense trouble and inconvenience; whilst he the said AB was so possessed of the said iron and tin works, with the appurtenances as aforesaid, and so exercised and carried on his said trade and business therein, to wit, on, &c. and on divers other days and times, between that time and the day of exhibiting the bill of the said AB against the said C D in this behalf, wrongfully and injuriously cut, dug and made, and caused to be cut, dug and made, in and out of the sides of the said stream of watercourse above the said works, divers, to wit, sluices, cuts, of great depth and feet, and of the depth of 12. (i) The statement of possession is other title in a declaration for the disufficient, ante, 331. version of a water-course than " quæ 3 Lev, 139. To watercourses. * 339 feet, and kept and continued, and caused to be kept and continued, the said sluices, trenches, channels and cuts, on the sides of the said stream or water-course) for a long space of time, to wit, from thence hitherto, and thereby during all the time aforesaid, unlawfully and wrongfully diverted and turned divers large quantities *of the water of the said stream or water-course out of and away from the said iron and tin works of the said A B, and stopt, prevented and hindered, the water of the said stream or water-course from running or flowing along its usual course to the said works, and from supplying the same with water for the necessary working thereof, as the same of right ought to have done, and otherwise would have done, and by reason thereof the water of the said stream or water-course, sufficient for the supplying of the said works of the said A B, during all or any part of that time, could not, nor did run or flow to the same, as the same of right ought to have done, and otherwise would have done, and the said A B thereby for want of such sufficient water, could not, during that time, use his said iron and tin works, or follow, use or exercise his said trade or business therein in so large, extensive and be neficial a manner as he might and otherwise would have done, but was thereby during all that time deprived of the use and enjoyment of his said works, and of all the benefits, profits, gains and advantages, which he otherwise might and would have made, by carrying on his trade and business therein, to wit, at, Second count, &c. aforesaid. And whereas also the said A B before and at stating age the time of the committing of the grievance hereinafter next neral diversion of the wa- mentioned, was and from thence hitherto hath been, and still ter, without shewing the is, lawfully possessed of certain other iron and tin works, with means. *340 the appurtenances, situate and being at, &c. aforesaid, near to a certain other stream or water-course there, and which said last-mentioned stream or water-course before and at the time of the committing of the grievances hereinafter next mentioned, had run and flowed and been used and accustomed to run and flow, and of right ought to have run and flowed, and still of right ought to run and flow in great plenty and abundance, unto the said last-mentioned works of the said A B for the supplying of the same with necessary water for the working thereof, to wit, at, &c. aforesaid. Yet the said CD well knowing the said last-mentioned premises, but contriving, and intending to injure and prejudice the said A B in this behalf, and to deprive courses. him of the use, benefit and advantage of the water of the said To waterlast-mentioned stream or water-course, and to deprive him of the benefit and profits of his said last-mentioned works, and of his trade and business as manufacturer of tin plates as aforesaid, and to put him to great charge, trouble, expense and inconve nience, whilst he the said AB was so possessed of the said last-mentioned works, with the appurtenances as aforesaid, and carried on his said business therein, to wit, on, &c. and on divers other days and times, between that day and the day of exhibiting this bill, wrongfully and unjustly diverted and turned divers large quantities of the water of the said last-mentioned stream or water-course out of the same, and away from the said last-mentioned iron and tin works of the said A B, and hindered and prevented the water of the said last-mentioned stream or water-course from running or flowing along its usual course to the said last-mentioned works of the said A B, and from supplying the same with water for the necessary working thereof, as the same ought to have done and otherwise would have done, and by reason thereof the water of the said last-mentioned stream or water-course, sufficient for the supplying of the said last-mentioned works, during that time, could not, nor did run or flow to the same as the same ought to have done, and otherwise would have done, and the said A B for want of such sufficient water, could not during that time use his said last-mentioned works, or follow, use or exercise, his trade and business therein, in so large, extensive and beneficial a manner as he ought to have done, and otherwise would have done, but was thereby during all that time, deprived of the use and enjoyment of the said last-mentioned works, and of all benefit, profit, gain and advantage, which he otherwise might and would have made, by carrying on his said trade and business therein, to wit, at, kc. aforesaid. And whereas also the said A B before and at the time of the committing of the grievances hereinafter next mentioned, *was and from thence hitherto hath been, and still is, lawfully possessed of certain other works, with the appurtenances, situate and being at, &c. aforesaid, near to a cer Third count, for not keep ing the banks of the river in repair (n) * 341 (n) This count is proper, in order prove that the defendant made the to avoid the risk of not being able to cuts, as stated in the first count. To water. courses. * 342 tain other stream or water-course there, and which said fastmentioned stream or water-course, before and until the time of committing the grievances hereinafter mentioned, had run and flowed, and had been used and accustomed to run and flow, and of right ought to have run and flowed, and still of right ought to run and flow, in great plenty and abundance, unto the said last-mentioned works of the said A B, for the supplying of the same with necessary water for the working thereof, to wit, at, &c. aforesaid. And whereas the said CD, before and at the time of the committing of the same grievance hereinafter mentioned, was and from thence hitherto hath been, and still is, possessed of divers, to wit, — closes of land, on the banks and sides of the said last-mentioned stream or water-course, and the said C D, by reason thereof, during all the time aforesaid, of right ought to have repaired and amended, and still of right ought to repair(o) and amend such part of the banks of the said stream or water-course, which are situate within and parts of the same closes as occasion hath required, or should require, to prevent the water of the said lastmentioned stream or water-course from escaping or running from the same, through the said banks, through the defects and insufficiences thereof. Yet the said CD, well knowing the said last-mentioned premises, but contriving and intending wrongfully and unjustly to injure, prejudice, and aggrieve the said AB in this behalf, and to deprive him of the use, benefit, and advantage of the water of, the said last-mentioned stream or water-course, and of the benefits and profits arising from his exercising and carrying on his said trade and business in the said last-mentioned works as aforesaid, whilst he the said A B was so possessed of the said last-mentioned works, with the appurtenances as aforesaid, and carried on his said trade and business therein, to wit, on, &c. and from thence for a long space of time, to wit, hitherto wrongfully and unjustly suffered and permitted the said banks to be and continue, and the same during all that time were ruinous and in bad condition for want of needful and necessary repairing and amending of the same, whereby divers large quantities of the water of the (0) This is a sufficient allegation, 766. 2 Saund. 113. 114. Post, 340, Ld. Raym. 1568. Salk. 360. 3 T. R. n. (b). said last-mentioned stream or water-course, which otherwise To waterwould have run and flowed to the said last-mentioned works of courses. the said AB, and have worked the same on the said, &c. and on divers other days and times, between that day and the day of exhibiting the bill aforesaid, escaped and ran from and out of the said last-mentioned stream or water-course, through the said defects and insufficiencies of the said banks, and became and were wholly lost to the said A B, and never did run or flow to the said last-mentioned works, for the working thereof, as the same ought to have done, and otherwise would have done, and thereby the said A B, for want of the same water could not, during all or any part of the time last aforesaid, use or work his said last-mentioned works, or follow, use, or exercise his said trade or business therein, in so large, extensive, and beneficial a manner as he ought to have done, and otherwise would have done, and was thereby during all that time deprived of the use and enjoyment of his said last-mentioned works, and of the benefits, profits, and advantages which he otherwise might and would have derived and acquired from carrying on his said trade and business therein, to wit, at, &c. aforesaid. And whereas also the said A B, before and at the time of the committing of the grievances hereinafter mentioned, *was and from thence hitherto hath been, and still is, lawfully possessed of certain other works, with the appurtenances, situate and being at, &c. aforesaid, near to a certain other stream or water-course, which before and until the time of the committing of the grievances by the said CD as hereinafter mentioned, had run and flowed, and had been used and accustomed to run and flow, and of right ought to have run and flowed, and still of right ought to run and flow, in great plenty and abundance, unto the said last-mentioned works of the said A B, for the supplying of the same with necessary water for the working thereof, to wit, at, &c. aforesaid. Yet the said C D, well knowing the said last-mentioned premises, but contriving and intending unlawfully and wrongfully to injure and prejudice |