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" And though the stream be either diminished in quantity, or even corrupted in quality, as by means of the exercise of certain trades, yet if the occupation of the party so taking or using it... "
A General Abridgment and Digest of American Law: With Occasional Notes and ... - Σελίδα 10
των Nathan Dane - 1824
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A Treatise on the Law of Easements

Charles James Gale - 1908 - 720 σελίδες
...it have existed for so long a time as may raise the presumption of a grant, the other party, whoso land is below, must take the stream subject to such adverse right.' Mr. Justice Lawrence confirms the opinion of Mr. Baron Graham on the trial, that ' persons possessing...

The Law Relating to Easements in British India

Frederick Peacock - 1909 - 836 σελίδες
...MJI I'trfliail Kiiigh v. Jmjnalh Sinffh 169. (1897), ILK, 24 Cal. (PC), 865 ; « (1805) 6 East., 208. "party whose land is below must take the stream subject to " such adverse right. I take it that twenty years' exclusive " enjoyment of the water in any particular manner affords a...

The Canadian Law Times, Τόμος 31

1911 - 1020 σελίδες
...occupation of the party so taking or using it have existed for so long a time as may raise the presumption of a grant, the other party whose land is below must take the stream, subject to such adverse right." Lord Ellenborough, in Bealey v. Shaw, 6 East 214. 9. "The right of fishing in a navigable tidal river...

The Canadian Law Times, Τόμος 31

1911 - 1024 σελίδες
...occupation of the party so taking or using it have existed for so long a time as may raise the presumption of a grant, the other party whose land is below must take the stream, subject to suoh adverse right." Lord Ellenborough, in Bealey v. Shaw, 6 East 214. 9. " The right of fishing in...

The Revised Reports: Being a Republication of Such Cases in the ..., Τόμος 140

Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - 1913 - 990 σελίδες
...have it flow in a pure and unpolluted state. As a general rule, twenty years exclusive enjoyment of water in any particular manner *affords a conclusive presumption of right in the party so enjoying.it: Balston v. Bensted(l). 'That rule, however, is subject to this qualification, that no...

Cases on the Law of Water Rights

Joseph Walter Bingham - 1916 - 778 σελίδες
...occupation of the party so taking or using it have existed for so long time as may raise the presumption of a grant, the other party whose land is below, must take the stream, subject to such adverse right. I take it, that twenty years' exclusive enjoyment of the water in any particular manner, affords a...

Public health bulletin. no. 83-89, 1916-17, Τεύχη 83-89

1917 - 958 σελίδες
...occupation of the party so taking and using it has existed for so long a time as may raise the presumption of a grant, the other party, whose land is below,...must take the stream subject to such adverse right.'' Am. & Eng. Ency. Law (2d Ed.) 878: 22 Am. & Eng. Ency. Law (2d Ed.) 11S7. BUT WHERE A BIGHT BY PRESCRIPTION...

The Law Relating to Easements in British India

Frederick Peacock - 1922 - 854 σελίδες
..." of the party so taking or using it have existed for so long a " time as may raise the presumption of a grant, the other " party whose land is below...must take the stream subject to " such adverse right. I take it that twenty years' exclusive " enjoyment of the water in any particular manner affords a...

The English Reports: Common Pleas (1486-1865), Τόμος 140

1913 - 1356 σελίδες
...the occupation of the party so taking have existed for so long a time that will raise the presumption of a grant, the other party whose land is below must take the stream subject to such adverse right. Here, it appears, from 1724 downwaids there has been a partial enjoyment of the water of the river...

Lake Michigan Water Diversion: Hearings, Eighty-sixth Congress, First ...

United States. Congress. House. Committee on Public Works - 1959 - 328 σελίδες
...occupation of the pnrty so taking or using it have existed for so long a time as may raise the presumption of a grant, the other party, whose land is below,...must take the stream, subject to such adverse right.' And so hold all the authorities of recent times." In Kimberly and Clark Company v. Hewitt et al. (79...




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