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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 [ ].

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preservation of fish, 85.

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when it may not be taken to mend
roads, 28.

but included in 7 & 8 Geo. 4, c. 29, BILL OF PEACE,

-243.245.

concerning fisheries, 240.

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See Evidence.

CANAL CALLS, 50.
CANALS,

of canal calls, 50.

See Calls.

mines do not belong to canal proprie-
tors, 54.

limitation of actions against canal
proprietors, ib.

what shall be said to be done in pur-
suance of the act, 57.
acquiescence by shareholders con-
cerning tolls, 62.

title of lands must be satisfactorily
established, ib.

ownership of the soil under, 63.
fishery in, 65.

road trustee being a shareholder in
canals, not to be fined for carrying
materials for repair of roads, ib.
probate respecting canal shares,
where granted, 66.

CANAL TOLLS,

how rateable, 320. 323.

COAST,

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the only mills liable to tithes unless
by special custom, 356.
CORPORATION

may claim a watercourse, 156.
COVENANT,

action of, will lie for obstructing a
watercourse, 280.

CREEK,

what, 28. n.

CUSTOMS,

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when swans, may be, 21.
EVIDENCE,

upon indictments for obstructions of
navigation, 407.

for injuries to public and private fish-
eries, 408.

upon summary convictions concern-
ing fisheries, 409.
concerning mills, ib.
watercourses, 410.

in actions concerning rights connect-
ed with navigation, ib.
concerning wreck, 414.
decoy ponds, 415.

for the recovery of port duties, ib.
in actions for calls, 416.
concerning public fisheries, 417.
private fisheries, 418.
mills, 421.

watercourses, 423.
EXTINGUISHMENT,
of wreck, 286.

of rights in rivers, 287.

of fisheries, 289.

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ib.

how fish may be taken, 104.
and at what season,
four sorts of private fisheries, 110.
See Common of Fishery, Free
Fishery, In gross, Several
Fishery.

limited rights of fishery, 128.
fisheries, here claimed, 129.
public, by common right and dedi-
cation, ib.

not by prescription, ib.

private, by grant, prescription, and
custom, 130.

must be created by deed, 131.
Birmingham canal act as to fishing,
133, 134.

user of, as the mode of catching fish,
159.

user of private fisheries, 165.
with what nets, 166.

what fish may taken, ib.

may be an obstruction to navigation,
214.

obstructions to, by nets, 220, 221.
remedies for these obstructions, 227.
by indictment quo warranto, &c.,
227, 228.

by abatement, 228.

jurisdiction to try offences, ib.
obstructions of private fisheries, 235.
remedies, 237.

remedies in equity, 240.

proceedings under the Larceny Act,
243.

extiguishment of, 289.
rateability of, 319.

tithes due in respect of, 338.
by custom, 341.

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