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" The right to the use of water rests on clear and settled principles. Primd facie, the proprietor of each bank of a stream is the proprietor of half the land covered by the stream, but there is no property in the water. Every proprietor has an equal right... "
A Treatise on the Civil Jurisdiction of Justices of the Peace in the State ... - Sivu 392
tekijä(t) Esek Cowen - 1841
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Reports of Cases, Decided in the High Court of Chancery: By the ..., Nide 1

Great Britain. Court of Chancery, Nicholas Simons, John Stuart - 1824 - 678 sivua
...the water 'J, "* ' i which flows in the stream; and, consequently, no Pro- u^t^,. *** **~ **' prietor can have the right to use the water to the prejudice of any other Proprietor. Without the consent of tbe other Proprietors, who may be affected by his operations, no Proprietor can either diminish the...

Penny Cyclopaedia of the Society for the Diffusion of Useful Knowledge, Nide 27

1843 - 854 sivua
...Every proprietor has an equal right to use the water which flows in the stream, and consequently no one can have the right to use the water to the prejudice of any other without his consent. No proprietor can either diminish the Quantity of water which would otherwise...

The Practice of the Law in All Its Departments: With a View of ..., Nide 1

Joseph Chitty - 1833 - 1020 sivua
...no property in the water. Every proprietor has an equal right to use the water which flows in tlir stream; and consequently no proprietor can have the right to use the water to th« prejudice of any other proprietor. Without the consent of the other proprietors, who may be affected...

An Abridgment of the Law of Nisi Prius, Nide 2

William Selwyn - 1838 - 838 sivua
...by the stream, but there is no property in the water. Every proprietor has an equal right to use the water which flows in the stream, and consequently...affected by his operations, no proprietor can either dimmish the quantity of water which would otherwise descend to the proprietors below, nor throw the...

Notes to Phillipps' Treatise on the Law of Evidence, Osa 1

Esek Cowen, Nicholas Hill - 1839 - 906 sivua
...J. in Cross v. Lewis, 2 Barn. &, Cress. 686, 690.) " Every proprietor has an equal right to use the water which flows in the stream ; and, consequently,...of any other proprietor. Without the consent of the oilier proprietors, who may be affected by his operations, no proprietor can either diminish the quantity...

A Treatise on the Law of Easements

Charles James Gale, Thomas Denman Whatley - 1840 - 382 sivua
...by the stream, but there is no property in the water. Every proprietor has an equal right to use the water which flows in the stream, and consequently...either diminish the quantity of water, which would («) See per Curiam in Mason v. Hitl, 5 ii. & Adol. 20 ; 2 Nev. & M. 747. (b) 7 Bing. 682 ; 5 Moo....

A Treatise on the Law of Watercourses: With an Appendix, Containing Forms of ...

Joseph Kinnicut Angell - 1840 - 294 sivua
...fully sustained by the opinion of the Vice Chancellor, in Wright v. Howard,2 who there says, — " Without the consent of the other proprietors, who...either diminish the quantity of water, which would descend to the proprietor below, nor throw the water back upon the proprietors above. Every proprietor...

The penny cyclopædia [ed. by G. Long]., Nide 27

Society for the diffusion of useful knowledge - 1843 - 840 sivua
...Every proprietor has an equal right to use the water which flows in the stream, and consequently no one can have the right to use the water to the prejudice of any other without his consent. No proprietor can either diminish the quantity of water which would otherwise...

A Treatise on the Law of Landlord and Tenant, as ..., Kirja 90,Nide 1

John Smith Furlong - 1845 - 830 sivua
...jilum aqua:), but there is no property in the water : every proprietor has an equal right to use the water which flows in the stream ; and consequently,...proprietor can have the right to use the water to (0 Ligg ns v. Inge, 7 Bing. 682 ; 5 (p) Liggins v. Inge, 7 Bing. 682 ; 5 Moo. & P. 712, SC Moo. & P....

The Law of Real Property, in Its Present State: Practically ..., Niteet 1–2

George Crabb - 1846 - 842 sivua
...by the stream, but there is no property in the water. Every proprietor has an equal right to use the water which flows in the stream, and consequently no proprietor can have a right to use the water to the prejudice of any other proprietor. Without the consent of the other...




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