A Treatise on the Law of Watercourses: With an Appendix, Containing Forms of Declarations, EtcC. C. Little and J. Brown, 1840 - 255 σελίδες |
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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
Δημοφιλή αποσπάσματα
Σελίδα 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...
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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...
Σελίδα 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
Σελίδα 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.
Σελίδα 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.
Σελίδα 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...
Σελίδα 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.