brook, in, &c., aforesaid, and by him ever since the said -day of, &c., continued there across the brook aforesaid, hath obstructed and stopped the natural course of the water of the brook aforesaid, and thereby caused it to overflow and drown the plaintiff's meadow aforesaid, ever since the said day of, &c.; whereby the plaintiff's grass, growing on the same meadow, in that time, of the value of, &c., hath been greatly damnified, his meadow aforesaid made spongy, rotten, and good for nothing, and forty lengths of the plaintiff's four-rail fence, of the value of said meadow at the time aforesaid standing, has been taken up and carried away. dollars, on the DECLARATION FOR CUTTING A WATER-PIPE WHICH CONVEYED WATER TO PLAINTIFF'S HOUSE, WHEREBY THE PLAINTIFF WAS DEPRIVED of waTER, AND PUT TO GREAT TROUBLE AND EXPENSE IN PROCURING WATER FOR HIS NECESSARY USE. 8 Wentw. 567. For that whereas the said plaintiff heretofore, to wit, on, &c., was, and from thence hitherto hath been, and still is, lawfully possessed of and in a certain messuage or dwelling-house and yard thereto adjoining, with the appurtenances, situate and being at, &c., in which said messuage or dwelling-house the said plaintiff and his family, during all the time aforesaid, inhabited and dwelt : And whereas, long before and at the time of the committing of the grievance hereinafter next mentioned, there was a certain wooden pipe, lying and being under ground near to the said messuage of him the said plaintiff, by and through the means of which said pipe, and of a certain leaden pipe fastened in and affixed to the same, and extending and coming from the aforesaid wooden pipe unto and into the aforesaid yard of the said plaintiff, and the said plaintiff, and all others of the occupiers and possessors of the said messuage, &c., were, during all the time aforesaid, used and accustomed to be, and were supplied, and still ought to be supplied with water, to be used, spent, and employed by the occupiers and possessors of the said messuage, &c., with the appurtenances respectively; yet the said defendant, well knowing the premises aforesaid, but contriving and maliciously intending wrongfully and unjustly to hurt, injure, and prejudice the said plaintiff, and to deprive him of water for the necessary use of the said plaintiff and his family residing in the said messuage, &c., whilst the said plaintiff was so possessed of the said messuage, &c., to wit, on, &c., at, &c., wrongfully and unjustly, injuriously and maliciously, cut into and through the aforesaid wooden pipe, and separated and divided the same, and caused and procured the said wooden pipe to be cut into and through, and separated and divided, and wrongfully and injuriously kept and continued the said pipe so cut into and through and separated and divided, for a long space of time, to wit, for the space of twelve months then next following; whereby he the said plaintiff was for a long space of time, to wit, for and during all the time aforesaid, wholly deprived of water to be used, spent, and employed by him the said plaintiff and his family in the said messuage, &c., of him the said plaintiff, and was thereby, during all the time, put to great trouble and inconvenience, and was forced and obliged to, and did lay out and expend divers sums of money, to wit, in the whole amounting to a large sum of money, to wit, the sum of twenty pounds, in, and about the furnishing and supplying of water for the necessary use and purposes of him the said plaintiff and his family in his said messuage, or, &c.; and he the said plaintiff was, hath been, and is, on occasion of the committing of the grievance aforesaid, otherwise greatly injured and damnified, to wit, at, &c., aforesaid. INDEX. THE REFERENCES ARE TO THE SECTIONS. ACTION, none lies to recover possession of a watercourse, eo nomine, 8. See Action on the Case - · Assumpsit · ACTION ON THE CASE, Covenant. the proper remedy for consequential injuries to, and by means of, a by whom to be brought, 398-402. against whom to be brought, 402–405. may be brought for every continuance of nuisance, 402. of the declaration in. See Pleading. ABATEMENT, remedy by, for injuries to, and by means of, a watercourse, 389. nothing can be abated until it actually becomes a nuisance, 392. ADVERSE ENJOYMENT. AGREEMENT. ALLUVION, See Presumption of Grant. its characteristic, and to whom alluvial increases belong, 53–57. what will pass as, without being named, 158-167. And see Mills - Lex Loci. ARBITRAMENT AND AWARD, right to the use of a watercourse, as determined by, 279–285. ASSIZE OF NUISANCE, one of the ancient remedies for the diversion, &c., of a watercourse, how lately recognized in Pennsylvania, 394, note. ASSUMPSIT, when action of, lies for the use and occupation of a watercourse, 274, 443. AVULSION, change of soil by, as affecting the right to, 60. BACKWATER. See Flowing Land. BOUNDARY, of land on a watercourse, construction of, 11-41. And see Riparian Proprietors — Watercourse. of land on a lake or pond, 41 - 44. of military lands in Ohio on rivers, 40. when a watercourse is the boundary between two estates, of the right CHANCERY. See Equity. CONTRACT, of the right to the use of a watercourse as depending on special agree- And see Covenant. personal contracts in respect to the use of a watercourse, and the con- COVENANT, And see Arbitrament and Award. what amounts to, 255. real in respect to a watercourse, 256-273. and its strong resemblance to an easement, 256. to make covenant run with the land there must be a privity of contract or estate, 257, et seq. assignee of grantee may maintain an action on covenant of warranty, 269. when assignee may, after he has assigned the covenant, 260. in case of a watercourse, 260. against all encumbrances, does not run with the land, 263–265. assignee of a covenant chargeable, though the word "assigns "is not an heir, when bound by ancestor's covenant, though not mentioned |