A Treatise of the Law of Waters: Including the Law Relating to Rights in the Sea, and Rights Concerning Rivers, Canals, Dock Companies, Fisheries, Mills, Water-courses, Etc., with a Note Concerning the Rights of the Crown to the Land Between High and Low Water Mark

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T. & J.W. Johnson, 1853 - Water - 432 pages
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Contents

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Page 256 - ... 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.
Page 368 - Thus, in actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Page 235 - ... for taking or destroying fish which shall then be in his possession, and in case such offender shall not immediately deliver up the same, may seize and take the same from him for the use of such owner...
Page 381 - ... company by virtue of this act, without setting forth the special matter ; and on the trial of such action it shall only be necessary to prove...
Page 257 - ... hath been or shall be held under or by virtue of any term of life, or any term of years exceeding three years from the granting thereof, the time of the enjoyment of any such way or other matter, as herein last before mentioned, during the continuance of such term, shall be excluded in the computation of the said period of forty years, in case the claim shall within three years next after the end or sooner determination of such term be resisted by any person entitled to any reversion expectant...
Page 240 - ... private property, or in which there shall be any private right of fishery, with intent thereby to take or destroy any of the fish in such pond or water, or so as thereby to cause the loss or destruction of any of the fish ; or shall unlawfully and maliciously put any lime or other noxious material in any such pond or water, with intent thereby to destroy any of the fish therein ; or shall unlawfully and maliciously break down or otherwise destroy the dam of any millpond ; every such offender...
Page 32 - The sea is either that which lies within the body of a county, or without. That arm or branch of the sea which lies within the fauces terrse, where a man may reasonably discern between shore and shore, is, or at least may be, within the body of a county, and, therefore, within the jurisdiction of the sheriff
Page 422 - ... of right ought to have had and enjoyed, and still of right ought to have and enjoy, the benefit and advantage of the water of a certain stream or...
Page 236 - Pounds ; and if in any such Water as last mentioned, he shall, on the like Conviction, forfeit and pay any Sum not exceeding...
Page 214 - ... and being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of seven years...

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