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" ... to which the first occupant may acquire an exclusive right, but that it is public and common in this sense only, that all may reasonably use it who have a right of access to it, that none can have any property in the water itself, except in... "
A Treatise on the Law of Watercourses: With an Appendix, Containing Statutes ... - Sivu 145
tekijä(t) Joseph Kinnicut Angell - 1854 - 683 sivua
Koko teos - Tietoja tästä kirjasta

The Law Times, Nide 17

1831 - 600 sivua
...Ex. Rep. 748; and is fully settled in the American Reports. (See 3 Kent's Commentaries, Lecture 51.) The right to have the stream to flow in its natural...the property in the land through which it passes. The flowing water is puulicii juris, not in the sense that it is bond vacuum, to which the first occupant...

The Exchequer Reports: Reports of Cases Argued and Determined in the ..., Nide 6

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - 1849 - 1008 sivua
...being on the session only. southern side of the said stream or watercourse, and near ^ of water flow ia its natural state, without diminution or alteration, is an incident to the property in the land trough which it passes; but this is not an absolute and exclusive right to the now of all the water,...

English Reports in Law and Equity: Containing Reports of Cases in the House ...

Edmund Hatch Bennett, Chauncey Smith - 1851 - 680 sivua
...748 ; 13 Jur. 472; and is fully settled in the American courts. See 3 Kent's Comm. Lect. 52, 439-445. The right to have the stream to flow in its natural...land through which it passes ; but flowing water is publici juris, not in the sense that it is a bonum vacans to which the first occupant may acquire an...

The Practice in Courts of Justice in England and the United States, Nide 2

Conway Robinson - 1855 - 884 sivua
...Croaker v. Bragg, 10 Wend. 260; Arnold v. Foot, 12 Id. 330 ; Newhall v. Ireson 6fc. 8 Cush. 599. " The right to have the stream to flow in its natural state, without diminution or alteration is," says Parke, B., "an incident to the property in the land through which it passes ; but flowing water...

The Real Property Statutes Passed in the Reigns of King William IV. and ...

Great Britain, Leonard Shelford - 1856 - 856 sivua
...water is publici juris, and that the first occupant of it for a beneficial purpose may appropriate it." The right to have the stream to flow in its natural...land through which it passes ; but flowing water is publici juris, not in the sense that it is a bonum vacant, to which the first occupant may acquire...

The Exchequer Reports: Reports of Cases Argued and ..., Nide 2;Nide 145

Edwin Tyrrell Hurlstone, John Paxton Norman - 1858 - 956 sivua
...Embreyv. Owen (6 Exch. 369), and it may be convenient to read the passage as printed in that book. — " The right to have the stream to flow in its natural...land through which it passes ; but flowing water is public! juris, not in the sense that it is a " bonum vacans," lo which the first occupant may acquire...

The Law Relating to the Public Health and Local Government, in Relation to ...

William Cunningham Glen - 1858 - 496 sivua
...right than that which he has by nature against those above or below him. Hence the right to have a stream to flow in its natural state without diminution...land through which it passes ; but flowing water is publici juris, not in the sense that it is a "bonum vacans," to which the first occupant may acquire...

The Real Property Statutes Passed in the Reigns of King William IV ..., Kirja 1

Leonard Shelford, Great Britain - 1863 - 926 sivua
...water is public! juris, and that the first occupant of it for a beneficial purpose may appropriate it." The right to have the stream to flow in its natural...land through which it passes ; but flowing water is publici juris, not in the sense that it is a bonum vacant, to which the first occupant may acquire...

The Real Property Statutes Passed in the Reigns of King William IV ..., Kirja 1

Leonard Shelford, Great Britain - 1863 - 930 sivua
...first occupant of it for a beneficial purpose may appropriate it." The right to have the stream to 6ow in its natural state, without diminution or alteration,...the land through which it passes ; but flowing water ig publics juris, not in the sense that it is a bonum vacant, to which the first occupant may acquire...

Reports of Cases Argued and Determined in the Supreme Court of New ..., Nide 5

New South Wales. Supreme Court - 1867 - 554 sivua
...right. "The right," says Parke, B., "to have the stream to flow in its natural state, without diminutiou or alteration, is an incident to the property in the...land through which it passes ; but flowing water is piibUn juris, not in the sense that it is a bonum vacant to which the first occupant may acquire an...




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