XII. Denial of Plaintiff's right to the Use of the Water. [Pearson's Chit. Pleadings, ed. 1847, p. 674.] Saith that the plaintiff ought not at any or either of the said times, when, &c., by reason of his possession of his said mill, land and premises to have had or enjoyed, nor ought he still to have or enjoy the benefit or advantage of the water of the said stream or watercourse so diverted and obstructed [using the words in the declaration,] as aforesaid, nor ought the water of the said stream or watercourse so diverted and obstructed as in the said declaration mentioned, of right to have run or flowed, nor ought the same to run or flow to the said mill, land and premises of the plaintiff in manner and form as the plaintiff has above alleged; and this defendants puts himself upon the country, &c. INDEX TO THE PRINCIPAL MATTERS. The pages referred to are those between brackets [ ]. preservation of fish, 85. when it may not be taken to mend but included in 7 & 8 Geo. 4, c. 29, BILL OF PEACE, -243.245. concerning fisheries, 240. See Evidence. CANAL CALLS, 50. of canal calls, 50. See Calls. mines do not belong to canal proprie- limitation of actions against canal what shall be said to be done in pur- title of lands must be satisfactorily ownership of the soil under, 63. road trustee being a shareholder in CANAL TOLLS, how rateable, 320. 323. COAST, the only mills liable to tithes unless may claim a watercourse, 156. action of, will lie for obstructing a CREEK, what, 28. n. CUSTOMS, when swans, may be, 21. upon indictments for obstructions of for injuries to public and private fish- upon summary convictions concern- in actions concerning rights connect- for the recovery of port duties, ib. watercourses, 423. of rights in rivers, 287. of fisheries, 289. ib. how fish may be taken, 104. limited rights of fishery, 128. not by prescription, ib. private, by grant, prescription, and must be created by deed, 131. user of, as the mode of catching fish, user of private fisheries, 165. what fish may taken, ib. may be an obstruction to navigation, obstructions to, by nets, 220, 221. by abatement, 228. jurisdiction to try offences, ib. remedies in equity, 240. proceedings under the Larceny Act, extiguishment of, 289. tithes due in respect of, 338. |