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" ... 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... "
The Mining Reports: A Series Containing the Cases on the Law of Mines Found ... - Seite 587
von Robert Stewart Morrison - 1883
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A Treatise on the Law of Easements

Charles James Gale - 1849 - 552 Seiten
...!^!HJ! — which flows in the stream adjacent to his lands, as it was wont to run (currere solebat), without diminution or alteration. No proprietor has...has no property in the water itself, but a simple use for it while it passes along. Aqua currit et debet currere, is the language of the law. Though...
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The Exchequer Reports: Reports of Cases Argued and Determined in the ..., Band 6

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - 1849 - 1008 Seiten
...water itself, but a simple use of it while it passes along. The consequence of this principle is, that no proprietor has a right to use the water to the prejudice of another. It is wholly immaterial whether the party be a proprietor above or below in the course of...
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A Treatise on the Law Relating to Mines

Robert Porrett COLLIER (Baron Monkswell.) - 1849 - 238 Seiten
...water itself, but a simple use of it while it passes along. The consequence of this principle is, that no proprietor has a right to use the water to the prejudice of another. It is wholly immaterial whether the party be a proprietor above or below in the course of...
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The Exchequer Reports: Reports of Cases Argued and Determined in the ..., Band 3

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - 1850 - 936 Seiten
...proprietor of lands on the banks of a river has naturally an equal right to the use of the water. . . . He has no property in the water itself, but a simple usufruct as it passes along." " Aqua currit, et debet currere," is the language of the law; and Mr. Justice...
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English Reports in Law and Equity: Containing Reports of Cases in the House ...

Edmund Hatch Bennett, Chauncey Smith - 1851 - 680 Seiten
...water itself, but a simple use of it while it passes along. The consequence of this principle is, that no proprietor has a right to use the water to the prejudice of another. It is wholly immaterial whether the party be a proprietor above or below in the course of...
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A Compendium of the Law and Practice of Vendors and Purchasers of Real Estate

Joseph Henry Dart - 1851 - 1234 Seiten
...a right to the use of the water flowing in its natural current, without diminution or obstruction. No proprietor has a right to use the water to the prejudice of another. It is wholly immaterial whether the party be a proprietor above or below, in the course of...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Band 13

United States. Supreme Court - 1852 - 668 Seiten
...has naturally an equal right to the use of the water which flows in the stream adjacent to his lands. No proprietor has a right to use the water to the prejudice of other proprietors, above or below, unless he has acquired a prior right to divert it. He has no property in the water itself, but a simple...
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Questions and Answers on Law: Alphabetically Arranged. With ..., Band 2

Asa Kinne - 1852 - 736 Seiten
...divert water courses 1 No person has a right to use a stream of water to the prejudice of other persons above or below him, unless he has a prior right to divert it, or to an exclusive enjoyment. He may use the water running over his land ; he cannot unreasonably detain...
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A Compendium of the Law and Practice of Injunctions: And of ..., Band 2

Robert Henley Eden Baron Henley - 1852 - 770 Seiten
...a right to the use of the water flowing in its natural current, without diminution or obstruction. No proprietor has a right to use the water to the prejudice of another. It is wholly immaterial whether the party be a proprietor above or below, in the course of...
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Commentaries on American Law, Band 3

James Kent - 1854 - 684 Seiten
...the water which flows in the stream adjacent to his lands, as it was wont to run, (currere solebat,) without diminution or alteration. No proprietor has...divert it, or a title to some exclusive enjoyment. (1) He has no property in the water itself, but a simple usufruct while it passes along. Aqua currit...
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