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" The right to the use of water rests on clear and settled principles. Prima 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... "
The penny cyclopædia [ed. by G. Long]. - Page 110
by Society for the diffusion of useful knowledge - 1843
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Reports of Cases, Decided in the High Court of Chancery: By the ..., Volume 1

Great Britain. Court of Chancery, Nicholas Simons, John Stuart - 1824 - 678 pages
...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...
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The Practice of Conveyancing: Comprising Every Usual Deed ..., Volume 3

James Stewart - 1831 - 754 pages
...Prima fade, 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 a right to use the water to the (a) Finch v. Resbridger, 2 Vern. (c) 6 East. 215. 390. (d) Balston...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 3

Great Britain. Court of King's Bench - 1833 - 1054 pages
...Prima 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...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...
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The Practice of the Law in All Its Departments: With a View of ..., Volume 1

Joseph Chitty - 1833 - 1020 pages
...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...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...
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An Abridgment of the Law of Nisi Prius, Volume 2

William Selwyn - 1838 - 838 pages
...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...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...
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The Theory and Practice of Conveyancing, Volume 1

Solomon Atkinson - 1839 - 708 pages
...Prima 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...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...
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Notes to Phillipps' Treatise on the Law of Evidence, Part 1

Esek Cowen, Nicholas Hill - 1839 - 906 pages
...person through whose land it flows." (Per Holroyd, 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, no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the...
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A Treatise on the Law of Easements

Charles James Gale, Thomas Denman Whatley - 1840 - 382 pages
...prima 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...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...
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A Treatise on the Law of Watercourses: With an Appendix, Containing Forms of ...

Joseph Kinnicut Angell - 1840 - 294 pages
...proprietor of each bank of a stream is proprietor of half the land covered by the stream, but that there is no property in the water. Every proprietor...right to use the water which flows in the stream, and no proprietor can use it to the prejudice of any other. No proprietor can diminish the water which...
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A Treatise on the Civil Jurisdiction of Justices of the Peace in the State ...

Esek Cowen - 1841 - 590 pages
...proprietor has an equal right to use (he 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...
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