Treatise of the Law of Waters : Including the Law Relating to Rights in the Sea, and Rights Concerning Rivers, Canals, Dock Companies, Fisheries, Mills, Watercourses, etc. , with a Note Concerning the Rights of the Crown to the Land Between High and Low W,9781584775218

Treatise of the Law of Waters : Including the Law Relating to Rights in the Sea, and Rights Concerning Rivers, Canals, Dock Companies, Fisheries, Mills, Watercourses, etc. , with a Note Concerning the Rights of the Crown to the Land Between High and Low W

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ISBN13: 9781584775218
ISBN10: 1584775211
Format: Hardcover
Pub. Date: 2005-05-30
Publisher(s): Lawbook Exchange Ltd
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Table of Contents

CHAPTER I. Of the Various Rights of Water.
Navigation Page
1(1)
Fisheries
1(1)
Bathing
2(1)
Navigable rivers
2(1)
Other rivers
2(1)
Watercourses
3(1)
CHAPTER II. Of Rights in the Sea; the Ownership of the Soil therein together with the Rights of Alluvion, &c.
Fishery and Bathing
4(1)
Extent of our seas
4(1)
Jus Maris
5(1)
No common law right of bathing in the sea
6(5)
There may be a right to bathe by custom
11(1)
Sea-weed
11(1)
Of the right of wreck
12(1)
Flotsam, jetsam, and ligan
13(1)
Who may have wreck
14(1)
What goods may be taken
15(1)
Wreck, how recovered
16(1)
Goods claimed as wreck, how recovered by the owner
17(1)
Wrecked goods to pay custom
18(1)
Customs of lords of manors to take goods must be grounded upon a consideration
19(1)
Swans
20(2)
Stealing Swans
22(1)
Swan-herd
23(1)
Ownership of the soil under the sea
23(5)
Sea-beach not to be taken to mend roads
28(1)
Sea coasts
28(1)
Of land derelict
28(5)
Grants of land to be recovered from the sea
33(1)
Of alluvion
34(2)
Avulsion
36(1)
Islands
36(2)
How these sevrael rights in the sea may be claimed
38(2)
CHAPTER III. Of Rivers; the Ownership of the Soil therein and other Matters.
What a public river
40(1)
What evidence of such
41(2)
Rights enjoyed in rivers
43(1)
Decoy ponds
43(1)
Ownership of the soil in rivers
44(2)
Private rivers
46(1)
Alluvion
47(1)
Islands
48(2)
CHAPTER IV. Of Canals—Docks—Waterworks, &c.
Of canals
50(1)
Canal calls
50(4)
Liabilities of canal proprietors
54(9)
Limitation of actions against them
57(6)
Ownership of the soil in canals
63(2)
Fishery therein
65(1)
Road trustees, being shareholders in canal companies, not liable to forfeitures
65(1)
Probate respecting canal shares
66(1)
Of dock companies
67(1)
Compensation cases
68(3)
Waterworks
71(4)
CHAPTER V. Of Fisheries.
The various kinds
75(1)
In the sea and public rivers.
76(1)
Taking fish out of the limits of the British seas
77(3)
Prescription to fish in the sea.
80(3)
What fish may be taken at sea
83(2)
Penalties
85(4)
Conservators of rivers
89(4)
Sale of fish
93(1)
Markets
94(1)
Species of fish, &c.
94(5)
Fish, how to be sold at market
99(3)
Bounties for bringing fish to market
102(2)
How fish may be taken
104(1)
Season for taking
104(1)
Salmons
104(2)
Young salmons
106(1)
Pilchards
106(1)
Lobsters
107(1)
White herrings
107(1)
Whale fisheries
108(1)
Scotch fisheries
108(1)
Irish fisheries
109(1)
Southern fisheries
109(1)
Of private fisheries
110(18)
1. Of a several fishery
111(11)
Where enjoyed
121(1)
Extent of fishery
122(1)
2. Of a free fishery
122(4)
3. Of common of fishery
126(1)
4. Fishery in gross
127(1)
Limited rights of fishery
128(1)
Fisheries, how claimed
129(56)
CHAPTER VI. Of Mills.
The various kinds of water mills
185
Of customs to grind at particular mills
136(6)
Unreasonable customs
142(2)
Suits of mills, how claimed
144(1)
Devise
144(2)
CHAPTER VII. Of Watercourses.
Watercourses
146(1)
How claimed
147(1)
By prescription
148(3)
Force and effect of grants
151(5)
By whom claimed
156(1)
When a nuisance
156(1)
Considered with reference to title
156(3)
CHAPTER VIII. Of the User of Rights connected with Water.
User of fisheries
159(4)
Landing of fishermen in grounds adjoining to the water
163(2)
Balkers, &c., in Somerset, Devon, and Cornwall
165(1)
User of private fisheries
165(1)
What nets to be used
166(1)
What fish taken
166(3)
User of mills
169(1)
Miller to keep open a scuttle for salmon
169(1)
What toll to be taken
170(1)
Changing corn
171(2)
Balances and weights to be kept at the mills
173(1)
No adulteration
173(3)
Millers not to be common buyers of corn
176(1)
when they may be said to steal corn
176(1)
Repairs of mills
176(1)
User of watercourses
177(4)
What not an obstruction
181(5)
CHAPTER IX. Of Obstructions and other Injuries, with the Remedies in such Cases.
Obstructions to navigation.
186(7)
to docks
192(1)
in public rivers
192(1)
Weirs
193(4)
Banks
197(1)
Wharfs
197(1)
Throwing in ballast, &c.
198(3)
Diverting the stream
201(4)
Not getting materials for highways
205(1)
Neglect to cleanse
206(2)
No obstruction where the thing is done for the public good
208(6)
A fishery may be an obstruction
214(1)
Remedies for obstructing navigation
214(4)
for injuries to locks
217(1)
Action on case
218(1)
Bond
219(1)
Obstructions to fisheries
220(6)
Nets 2
221(1)
Wears
222(1)
Impressment
223(3)
No licence necessary for fishing
226(3)
Quo warranto
228(1)
Abatement
228(1)
Remedies for injuries to the Thames fishery
229(9)
Bye-laws not favoured
233(2)
Obstructions of private fisheries
235(1)
Nuisances
236(2)
Remedies for these latter obstructions
238(2)
Trespass
238(1)
Case
239(1)
Troyer
239(1)
Not ejectment
239(1)
Remedies in Equity
240(2)
Abatement
242(1)
Seizing nets, &c.
243(1)
Anglers
243(1)
Criminal proceedings
244(4)
Stealing oysters
248(1)
Malicious injuries
249(1)
Obstructions of mills
250(3)
Remedies
250(3)
Obstruction by mills
253(2)
of watercourses
254(1)
Twenty years' possession
255(1)
Waterspouts
256(1)
Injuries to mills
257(2)
Mill obstructed need not be an ancient mill
259(14)
What not an obstruction
273(1)
Cleansing rivers
274(1)
Getting road materials
275(1)
Remedies for obstructing watercourses
275(1)
No indictment
276(1)
Old writs (abolished)
276(1)
Action on the case
277(3)
Trespass
280(1)
Covenant
280(1)
Abatement
281(1)
Injunction
282(2)
Arbitration
284
CHAPTER X. Of Extinguishment, Suspension and Revivor.
Extinguishment of rights in the sea
268(21)
in rivers
286(3)
Fisheries
289(2)
Privileges of mills
291(2)
Watercourses
293(5)
CHAPTER XI. Of Incidents to Rights connected with Water.
Tolls on the sea
298(3)
On navigable rivers
301(2)
But there may be such tolls for a consideration, or by act of Parliament
303(2)
Exorbitant tolls
305(1)
Canal tolls
306(7)
Dockage duties
313(5)
Rates
318(1)
Rating fisheries
319(1)
Canal tolls, dock duties, waterworks, are rateable
320(8)
Compensation duties rateable
328(1)
Where these rates are to be made, and in what proportions
329(9)
Of tithes
338(1)
Tithes of fish
338(1)
Fish in the sea
339(3)
in rivers
341(1)
in private waters
342(1)
Tithes, where paid
342(16)
in respect of mills
344(4)
of what mills
348(9)
when payable
357(1)
How to prescribe against tithes
358(1)
Settlement in respect of fishing
358(2)
mills
359(1)
residence
360(1)
What mills give no settlement
360(1)
Dower
361(3)
of fisheries
362(1)
of mills
363(1)
of coparceners
363(1)
of canal tolls
364(1)
New River shares
364(1)
Distress
365(1)
Devise
365(3)
CHAPTER XII. Of Indictments and Pleadings on the subject of Rights connected with Water.
Indictment for obstructing navigation
368(2)
Summary convictions
369(1)
Indictment—mills
370(3)
Mill pond
371(2)
Watercourses
373(1)
Pleading respecting rights of navigation
373(12)
Troyer
375(1)
Port duties
375(2)
Fisheries
377(1)
Trespass
378(2)
Continuendo
380(1)
Pleas, fisheries
381(2)
Replications
383(1)
Rejoinder
384(1)
Trover fish
385(1)
Pleadings-Mills
385(2)
Watercourses
387(17)
pleas, &c
399(5)
Adding pleas
404(1)
Replication
404(3)
CHAPTER XIII. Of Evidence.
In indictment for obstructions of navigation
407(3)
Fisheries, public
408(1)
Private
408(1)
Summary conviction
409(1)
Breaking down fish ponds
409(5)
Mills
409(1)
Public watercourses
410(1)
In actions concerning rights connected with navigation
410(6)
Wreck
414(1)
Decoy ponds
415(1)
Port duties
415(1)
In actions for calls
416(11)
Fisheries, public
417(4)
Private
418(3)
Mills
421(2)
Watercourses
423(3)
Agreement
426(1)
Grant
426(1)
Plea of judgment recovered
427(3)
Witness
427(1)
Who to begin
428(1)
Costs
428(2)
New Trial
430(1)
Arbitration 430

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