 | Emory Washburn - Servitudes - 1873 - 830 pages
...part, he was held personally liable for the act.2 9. But still, water, though an element, is not " a movable, wandering thing, and must of necessity continue common by the law of natious," as represented by Blackstone.3 Nor is " flowing water" so far " originally publici juris,"... | |
 | William Pugsley - 1879 - 814 pages
...civilized countries as pvMici juris. Blackstone defines it in his commentaries, 2 vol.,in these words: "Water is a movable, wandering thing, and must, of...temporary, transient, usufructuary property therein, wherelore if a body of water runs out of my pond into another man's, I have no right to reclaim it."... | |
 | William Blackstone, Alexander Leith, James Frederick Smith - Law - 1880 - 650 pages
...lies at the bottom, and must call it twenty acres of land covered with water. For water is a moveable wandering thing, and must of necessity continue common...pond into another man's, I have no right to reclaim it. But the land, which that water covers, is permanent, fixed, and immoveable : and therefore in this... | |
 | Sir James Fitzjames Stephen - Criminal law - 1883 - 468 pages
...railway ticket except evidence of a contract bv the railway to carry the holder? 3 " Water is a moveable wandering thing, and must of necessity continue common by the law of nature, so that 1 can only have a temporary transient usufructuary property therein" (Blackstone, 1 Steph. Com. 173,... | |
 | Law reports, digests, etc - 1884 - 1042 pages
...Aqnacurrit et debet currere ut currere solebat is the language of the law: 3 Kent's Com., 561. " For water is a movable, wandering thing, and must of necessity...temporary, transient usufructuary property therein:" 2 Bla. Com., 18. From the context it is quite clear that the learned commentator meant no more than... | |
 | Grafton and Coös Bar Association - Bar associations - 1898 - 692 pages
...logic and reason which must be the foundation of our common law. Blackstone says (2 Blackstone 18): "Water is a movable, wandering thing, and must of...necessity continue common by the law of nature : so that one can have only a temporary, transient, usufructuary property therein." The right to its use in a... | |
 | West (U.S.) - 1885 - 686 pages
...only the privilege of using it in its passage by reasonable interference." Chancellor Kent says : " Water is a movable, wandering thing, and must of necessity...temporary, transient, usufructuary property therein." It is apparent from these opinions, derived from the expounders of the common law, that water is held... | |
 | James Fitzjames Stephen - Criminal law - 1887 - 494 pages
...railway ticket except evidence of a contract by the railway to carry the holder ? * " Water is a moveable wandering thing, and must of necessity continue common...temporary transient usufructuary property therein " (Blackstone, 1 Steph. Com. 173, 5th cd.). As to water in standpipes, see Fcrens v. O'Brien, LR 1... | |
 | Electronic journals - 1916 - 948 pages
...specific water in his structures has come to an end as the water leaves the tail-race into Second River. "If a body of water runs out of my pond into another man's, I have no right to reclaim it." 2 He still has the ownership of the right to the flow of First River to the intake of his conduit,... | |
 | Electronic journals - 1909 - 672 pages
...as he may in the earth and land, since these are of a vague and fugitive nature; " and again: " For water is a movable, wandering thing, and must of necessity continue common by the law of nature." 1 The beginning of the nineteenth century saw a re-examination into the nature of rights in running... | |
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For water is a movable, wandering thing, and must of necessity continue common by the law of nature; so that I can only have a temporary, transient, usufructuary, property therein... 
