A Treatise on the Law of Watercourses: With an Appendix, Containing Statutes of Flowing, and Forms of Declarations

Little, Brown, 1854 - 683 sider

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Side 349 - But a license to hunt in a man's park, and carry away the deer killed to his own use ; to cut down a tree in a man's ground, and to carry it away the next day after to his own use, are licenses as to the acts of hunting and cutting down the tree, but as to the carrying away of the deer killed and tree cut down, they are grants.
Side 282 - That the time during which any person otherwise capable of resisting any claim to any of the matters before mentioned shall have been or shall be an infant, idiot, non compos mentis, feme covert, or tenant for life, or during which any action or suit shall have been pending, and which shall have been diligently prosecuted until abated by the death of any party or parties thereto, shall be excluded in the computation of the periods hereinbefore mentioned, except only in cases where the right or claim...
Side 145 - ... to which the first occupant may acquire an exclusive right, but that it is public and common in this sense only, that all may reasonably use it who have a right of access to it, that none can have any property in the water itself, except in...
Side 111 - ... that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure...
Side 637 - After the issuing of execution against property, any person indebted to the judgment debtor may pay to the sheriff the amount of his debt, or so much thereof as shall be necessary to satisfy the execution ; and the sheriff's receipt shall be a sufficient discharge for the amount so paid.
Side 544 - ... arbitrary but based on real differences in the nature, situation and condition of things. We think the only provisions in the state constitution that could be reasonably invoked against the proposed laws and regulations are the guaranteed right of "acquiring, possessing and defending property," and the provision that "private property shall not be taken for public uses without just compensation.
Side 525 - In this, and in similar cases, the legislature alone can, and indeed frequently does, interpose, and compel the individual to acquiesce. But how does it interpose and compel? Not by absolutely stripping the subject of his property in an arbitrary manner; but by giving him a full indemnification and equivalent for the injury thereby sustained.
Side 264 - ... for that is the form in which, by section 5, such a claim must be pleaded; and the like evidence would have been required before the statute to prove a claim by prescription or non-existing grant; therefore, if the way shall appear to have been enjoyed by the claimant, not openly and in the manner that a person rightfully entitled would have used it, but by stealth, as a trespasser would have done — if he shall have occasionally asked the permission of the occupier of the land — no title...
Side xxvi - This line is to be found by examining the bed and banks, and •ascertaining where the presence and action of water are so common and usual, and so long continued in all ordinary years, as to mark upon the soil of the bed a character distinct from that of the banks, in respect to vegetation, as well as in respect to the nature of the soil itself.
Side 397 - With this qualification it may safely be affirmed, that expending money or labor, in consequence of a license to divert a watercourse or use a water power in a particular way, has the effect of turning such license into an agreement that will be executed in equity.

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