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" Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it another direction, and he must return it to its ordinary channel when it leaves his estate. Without the consent of the adjoining proprietors, he cannot... "
The Practice of the Law in All Its Departments: With a View of Rights ... - Page 188
by Joseph Chitty - 1833
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A Treatise on the Law of Easements

Charles James Gale - Servitudes - 1849 - 552 pages
...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...would otherwise descend to the proprietors below, or throw the water back upon the proprietors above. Every [ 151 ] proprietor who claims a right either...
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The Exchequer Reports: Reports of Cases Argued and Determined in ..., Volume 6

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1849 - 1008 pages
...channel when it leaves his estate. Without the consent of the adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise...nor throw the water back upon the proprietors above, without a grant, or an uninterrupted enjoyment of twenty-years, which is evidence of it. This is the...
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The Standard Library Cyclopedia of Political, Constitutional, Statistical ...

Political science - 1849 - 506 pages
...as it runs by his land. " 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 kis operations, no proprietor can either diminish the quantity of water which would otherwise descend...
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The Standard Library Cyclopedia of Political, Constitutional, Statistical ...

Political science - 1849 - 496 pages
...consequently no one can have the right to use the water to tin: prejudice of any other without his consent. No proprietor can either diminish the quantity of water which would otherwise descend upon the proprietors below, nor throw back the water upon the proprietors above, so as to overflow...
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The Exchequer Reports: Reports of Cases Argued and Determined in ..., Volume 3

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1850 - 936 pages
...stream, and consequently no proprietor can have a right to use the water to the prejudice of any i 1849. other proprietor. Without the consent of the other...no proprietor can either diminish the quantity of the water which would otherwise descend to the proprietors below, or throw the water back upon the...
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The Penny Cyclopaedia of the Society for the Diffussion of Useful ..., Volume 20

1841 - 524 pages
...as it runs by his land. ' And consequently no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the consent...would otherwise descend to the proprietors below, or throw the water back upon the proprietors above. Every proprietor who claims a right either to throw...
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English Reports in Law and Equity: Containing Reports of Cases in the House ...

Edmund Hatch Bennett, Chauncey Smith - Law reports, digests, etc - 1851 - 680 pages
...channel when it leaves his estate. Without the consent of the adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise...nor throw the water back upon the proprietors above, without a grant or an uninterrupted enjoyment of twenty years, which is evidence of it. This is the...
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Reports of Chancery Cases Decided in the First Circuit of the ..., Volume 4

New York (State). Court of Chancery, William T. McCoun - Equity - 1851 - 810 pages
...prejudice of any other proprietor, without the consent of those proprietors who may be affected and no proprietor can either diminish the quantity of...would, otherwise, descend to the proprietors below or throw the water back upon the lands off those above. Every proprietor who claims a right either...
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The Law of Pleading and Evidence in Civil Actions ..., Volume 2, Part 1

John Simcoe Saunders - Civil procedure - 1851 - 776 pages
...the consent of the other proprietor, who may be affected by his operations, no proprietor can cither diminish the quantity of water which would otherwise descend to the proprietors below, or throw the water back upon the proprietors above. Every proprietor who claims a right either to throw...
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A Compendium of the Law and Practice of Injunctions: And of ..., Volume 2

Robert Henley Eden Baron Henley - Forms (Law) - 1852 - 770 pages
...oí tho other proprietors, who may bo affected by his operations, no proprietor can either dimmish the quantity of water which would otherwise descend to the proprietors below, or throw the water back upon the proprietors above." Per Sir J. Leach, V. Cli., in Wright v. Howard,...
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