A Treatise on the Law of Watercourses: With an Appendix, Containing Forms of Declarations, EtcC. C. Little and J. Brown, 1840 - 255 sider |
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Side 11
... taken a certain course naturally , cannot be divert- ed . The language of the old cases also is , " Aqua currit et debet currere ; " that is , water flows in its na- ; ' tural course , and should be permitted thus to flow ; so , that ...
... taken a certain course naturally , cannot be divert- ed . The language of the old cases also is , " Aqua currit et debet currere ; " that is , water flows in its na- ; ' tural course , and should be permitted thus to flow ; so , that ...
Side 22
... taken and con- strued with an eye to the natural rights of all " ' 1 On the subject of prior occupancy of a mill - site , and the privileges that have been supposed to be gained by it , we offer the following extract from the able and ...
... taken and con- strued with an eye to the natural rights of all " ' 1 On the subject of prior occupancy of a mill - site , and the privileges that have been supposed to be gained by it , we offer the following extract from the able and ...
Side 25
... taken out for irrigation , to the injury of a mill below . The Court endeavored to reconcile this decision with that in Weston v . Alden , as follows : - " There is this difference between that case and the one now before us . In that ...
... taken out for irrigation , to the injury of a mill below . The Court endeavored to reconcile this decision with that in Weston v . Alden , as follows : - " There is this difference between that case and the one now before us . In that ...
Side 26
... taken , because the declaration did not state antiquum messuagium ; but Hale said , " If a man has a watercourse running through his ground , and erects a mill upon it , he may bring his action for diverting the stream , and not say ...
... taken , because the declaration did not state antiquum messuagium ; but Hale said , " If a man has a watercourse running through his ground , and erects a mill upon it , he may bring his action for diverting the stream , and not say ...
Side 29
... taken for such purpose if it occasion a material diminution of the water below . See Greenslade v . Halliday , 6 Bing . 379 ; and Strutt v . Bovington , 5 Esp . Rep . 56 . sent chapter , that the right to a watercourse is SEC . VI ...
... taken for such purpose if it occasion a material diminution of the water below . See Greenslade v . Halliday , 6 Bing . 379 ; and Strutt v . Bovington , 5 Esp . Rep . 56 . sent chapter , that the right to a watercourse is SEC . VI ...
Vanlige uttrykk og setninger
17 Mass abate action ad quod damnum adjoining adjudged adverse possession aforesaid alleged ancient appurtenances banks Canal chap cited claimed common law complaint conclusive presumption Conn Court of Equity Cowen damages declaration deed defendant diverted the water diverting a watercourse doctrine easement enjoyment entitled erect a dam erect a mill evidence exclusive fishery flow the lands flowing land free fishery grant grantor Ibid incorporeal hereditament injury island jury Law Rep legislature license Lord Lord Ellenborough Massachusetts ment messuage mill-dam mill-owner Murcot natural navigable Newburgh nuisance obstruction occasion opinion overflow owner party person Pick plaintiff plaintiff's mill plea Pleading pond possession premises prescription presumption privilege proved purpose Rawle Rawle's Penn remedy reservation right to flow riparian proprietor river river Irwell rule Slate River soil statute sufficient Supreme Court sustained tenant thereby tion trespass twenty verdict Wend Woolrych
Populære avsnitt
Side 83 - London aforesaid, that is to say, that the owners of such vessels have had, and have been used and accustomed to have, and of right ought to have had, and still of right ought to have...
Side 94 - Every proprietor has an equal right to use the water which flows in the stream, and consequently no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the consent of the other proprietors, who may be affected by his operations, no proprietor can either diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above.
Side 28 - In vain may it be urged, that the good of the individual ought to yield to that of the community ; for it would be dangerous to allow any private man, or even any public tribunal, to be the judge of this common good, and to decide whether it be expedient or no. Besides, the public good is in nothing more essentially interested, than in the protection of every individual's private rights, as modelled by the municipal law.
Side 28 - So great moreover is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the general good of the whole community. If a new road, for instance, were to be made through the grounds of a private person, it might perhaps be extensively beneficial to the public; but the law permits no man, or set of men, to do this without consent of the owner of the land.
Side 4 - JS on the day and year aforesaid, and on divers other days* and times between that day and the day of the taking of this inquisition...
Side 10 - ... without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. ' Aqua currit et debet currere
Side 217 - When a great river is the boundary between two nations or States, if the original property is in neither, and there be no convention respecting it, each holds to the middle of the stream.
Side 87 - A right under a license, when not specially restricted, is commensurate with the thing of which the license is an accessory. Permission to use water for a mill, or anything else that was viewed by the parties as a permanent erection, will be of unlimited duration, and survive the erection itself, if it should be destroyed, or fall into a state of dilapidation, in which case the parties might perhaps be thought to be remitted to their former rights.
Side 27 - Streams of water are intended for the use and comfort of man; and it would be unreasonable, and contrary to the universal sense of mankind, to debar every riparian proprietor from the application of the water to domestic, agricultural, and manufacturing purposes...
Side 11 - 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.