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abate action actual aforesaid alleged ancient appeared applied authority banks benefit brought build cause channel cited claim common law complaint consequence considered continued conveyed course Court damages deed defendant derived diverting easement effect enjoyed enjoyment entitled erected established evidence exclusive fact fish fishery flowing former give given grant ground held injury interest island judgment jury land latter license limited Lord Maine maintain manner Mass Massachusetts means mentioned mill nature navigable necessary nuisance object obstruction occasion opinion original overflow owner particular party pass Penn period person Pick plain plaintiff plea Pleading pond possession premises presumed presumption prevented principle privilege proper proprietor proved quantity question raised reason referred remedy reservation respect river rule says side soil statute stream sufficient sustained taken tenant thing tion trespass twenty verdict watercourse
Página 85 - 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...
Página 96 - 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.
Página 30 - 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.
Página 30 - 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.
Página 6 - 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...
Página 12 - ... 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
Página 219 - 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.
Página 89 - 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.
Página 29 - 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...
Página 13 - 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.