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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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Outline of plans (with illustrations) for furnishing an abundant supply of ...

John R. Bartlett - 1888 - 152 Seiten
...river has an equal right to the use of the water, as it flows in the stream, as it was wont to run without diminution or alteration. No proprietor has...prejudice of other proprietors above or below him. He has no property in the water itself, but a simple usufruct while it passes along. He may use the...
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The South Western Reporter, Band 5

1888 - 1032 Seiten
...stream adjacent to his lands as it is wont to run, without diminution or alteration. Xo proprietor lias a right to use the water to the prejudice of other proprietors above him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property...
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The American State Reports: Containing the Cases of General Value ..., Band 9

Abraham Clark Freeman - 1889 - 990 Seiten
...right to the use of the water which flows in the stream adjacent to his lands, as it is wont to run, without diminution or alteration. No proprietor has...simple usufruct while it passes along. Aqua currit, et debet currere ut currere solebat, is the language of the law. Though he may use the water while it...
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The Pacific Reporter, Band 21

1889 - 1164 Seiten
...the water which Hows 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, lie has no property in the water itself, but asimple usufruct while it passes along. Aqua cnrrit et...
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Report of the State Board of Health and Vital Statistics of Minnesota, Band 19

Minnesota. State Board of Health - 1902 - 454 Seiten
...the water which flows in the stream adjacent to his lands, as It was wont to run (eurrcre solcbat), without diminution or alteration. No proprietor has...him, unless he has a prior right to divert it, or a titla to some exclusive enjoyment. He has no property in the water Itself, but a simple usufruct while...
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The Pacific Reporter, Band 21

1889 - 1272 Seiten
...lands as it was wont to run, (currere solebat,) without diminution or alteration. No proprietor bas a right to use the water, to the prejudice of other...divert it, or a title to some exclusive enjoyment. lie has no properly in the water itself, but asimple usufruct while it passes along. Aqua c/irrit et...
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Commentaries on American Law, Band 3

James Kent - 1889 - 566 Seiten
...No proprietor has a right to vise the water, to the prejndice of other proprietors, ahove or helow him, unless he has a prior right to divert it, or...enjoyment. He has no property in the water itself, hut a simple usufruct while it passes along. Aqua currit et dehet currcre, is the language of the law....
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Civil Code of Lower Canada: With the Amendments Effected by Imperial ..., Band 1

Québec (Province), William Prescott Sharp, Québec (Province). Courts - 1889 - 804 Seiten
...before the land he retains in his possession, which does not authorize him to divert the stream or use the water to the prejudice of other proprietors above or below him. An action by a seignieur against his co-seignieur for the improper use of the common estate, can be...
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Le code civil annoté, étant le code civil du Bas-Canada: (en force depuis le ...

Québec (Province), Edouard Lefebvre de Bellefeuille - 1889 - 938 Seiten
...before the land he retains in his possession, which does not authorize him to divert the stream, or use the water to the prejudice of other proprietors above or below him. An action by a seignior against his co-seignior for the im proper use of the common estate, can be...
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Reports of Cases Determined in the Supreme Court of the State of ..., Band 20

Nevada. Supreme Court - 1890 - 542 Seiten
...lands as it was wont to run (currere solebaf,) without diminution or alteration. No proprietor has the right to use the water, to the prejudice of other...simple usufruct while it passes along. Aqua currit et debet currere ut currere solfbat, VOL. XX— 18. Opinion of the Court — Belkuap, J. is the language...
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