INDEX TO THE TREATISE. ABATEMENT Of Nuisances, 72. 74. ACTION. See ACTION ON THE CASE. EJECTMENT. TRESPASS. See PLEADING. One of the remedies for private nuisances, 77. Its history, 77, 78. The difficulty of distinguishing when case or trespass is Rules for, 79, 80. When Action on the Case lies under a statute, 80. Does not lie for flowing land when a remedy is provid- By whom it may be brought for injuries in relation to a Against whom it will lie, 83, 84. Is local in its nature, 84-87. For diverting a water-course may sometimes be brought ADVERSE RIGHT. See USAGE. TWENTY YEARS. 32 ASSISE OF NUISANCE One of the remedies for injuries in relation to water- AVULSION, 95. BACK WATER. Throwing the water back upon a mill above, 67–70. 74. When a water-course is a boundary line, 2, 3, 4. 6. The owners of land on each side not allowed to divert any Nor to build a dam which extends beyond the thread of CHANCERY. Its jurisdiction in cases relative to water-courses, 55. 75. For draining land must strictly conform to the act of the Commissioners of sewers, 22. DAMAGE. Whether special damage is necessary to sustain an action DECLARATION See PLEADING. In an action for injuries to, and by means of, a water-course, DETAINING THE WATER For an unreasonable time, 31. And afterwards permitting it to flow in unusual quantities, See also TWENTY YEARS. DAMAGE. DIVERTING A WATER-COURSE. It is illegal to divert a water-course, 29, 30, 31. See, also, Nuisance. DAMAGE. Action for. See PLEADING. DRAINING. WATER-COURSE. TWENTY YEARS. Land surrounded by water may be drained, 67. DOWER. Fishery subject to, 12. EASMENT. What is meant by, 43. Is different from an interest, 13. EJECTMENT Does not live to recover possession of a water-course, Whether or not it lies for a fishery, 12. EVIDENCE In an action for injuries to, and by means of, a water-course, 91, 92. How far a fishery is evidence of ownership of soil, 8. 18. FISHERY. Several fishery defined, 5, 6. Whether ownership of soil is essential to a several fishery, Is presumed to belong to the owners of the soil, 8, 18. Is said to be synonymous with common of fishery, 9, 10. A fishery is subject to dower, 12. When it belongs to co-heirs, 12. Whether a fishery may be recovered by Ejectment. See EJECTMENT. Whether it is a tenement, 12, 13. Whether it may be claimed as an easment, 13. Rights of fishery need not be annexed to the freehold, 14. See GRANT. Are subject in large rivers to the right of the public, 25. FLOWING LAND. See pages 21. 27, 28. 60–66. Flowing land under a statute, 62, 63. 65. 80, 81. Flowing by virtue of an unlimited grant at the first settle- Under a grant of a right to flow, if no interest passes to the Flowing land not justified by a license from a town to erect Of the application of the doctrine of a presumed grant, 70, GRANT. Water-courses how affected by, 10, 11, 12. 41. Obligation of, subject, a provision in Constitution U. S. 11. GRANT. Right to a water-course acquired by a presumed grant. See USAGE. TWENTY YEARS. Grant of a right to use water or to flow land must be in HIGHWAYS. See RIVERS. INCORPOREAL HEREDITAMENTS Described, 43, 44. How created and assigned, 41, 42. 63. Lies for nuisances in public rivers, 15. 72. To stay private nuisances. See CHANCERY. INJURIES To, or by means of, a water-course considered, 21—28. See NUISANCE. What is necessary to constitute an injury, 51. Distinction between direct and consequential injuries. Whether it passes by a grant of several fishery, 6, 7, 8. See DRAINING. LEGISLATURE. Its authority to appropriate a water-course to public pur- When a person erects a dam by the authority of the legis- MILL DAMS. See FLOWING LAND. Mill dams must be so constructed that fish shall not be Mill dams which throw the water back upon a mill above, MILL DAMS. Mill dams erected on rivers which are public highways, See also RIVERS. NAVIGABLE RIVERS. See RIVERS. NUISANCE. How defined, 21. Public nuisances defined, 21. include obstructions in public rivers, 21. Such obstructions prohibited at a very early period, Private nuisances defined, 26. It is a private nuisance to divert a water-course, 27, 28, See also DIVERTING A WATER-COURSE. So also to obstruct a water course, 27, 28, 31. See also FLOWING LAND. BACK WATER. So to poison a water-course, 27, 28. How nuisance differs from trespass, 27, 28. 78, 79, 80. 1st, Abatement, 72. 2d, Indictment, 72. Public nuisances not actionable, 72, 73. Remedies for Private Nuisances are, 2d, Assize of nuisance, 76. 3d, Quod permittat, &c. 76, 77. 4th, Action on the case, considered, 77-82. OBSTRUCTIONS In rivers. See NUISANCE. Obstructing the passage of fish, considered, 55--59. OCCUPANCY. Rights in relation to a water-course acquired by, 39––41. See also BACK WATER. POISONING A WATER-COURSE Actionable, 59, 60. PLEADING. By whom the action may be brought for injuries which relate to water-courses, 82, 83. Against whom it will lie, 83, 84. |