By the general law applicable to running streams, every riparian proprietor has a right to what may be called the ordinary use of the water flowing past his land; for instance, to the reasonable use of the water for his domestic purposes and for his cattle,... The Law Relating to Waters, Sea, Tidal, and Inland - Page 656by Henry John Wastell Coulson, Urquhart Atwell Forbes - 1880 - 748 pagesFull view - About this book
| Law - 1876 - 672 pages
...law of Scotland. It was thus laid down in a decision of the Judicial Committee of the Privy Council. Every riparian proprietor has a right to what may be called the ordinary use of water flowing past his land, for instance the reasonable use of the water for his domestic purposes,... | |
| Clement Higgins - Riparian rights - 1877 - 296 pages
...Domestic Purposes.—In the case of Miner v. Gilmour (h), Lord Kingsdown says: " By the general law applicable to running streams, every riparian proprietor...to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream. But, further, he has a right to the use of it... | |
| John Leybourn Goddard - Servitudes - 1877 - 504 pages
...taken, but which is very important, having regard to the exercise of the right: — "By the general law applicable to running streams every riparian proprietor...— for instance, to the reasonable use of the water (n) 9 CB, NS 575 ; 30 LJ, Ch. 393 : in HL, 45 LJ, Ch. CP 236. 638. (o) LE, 9 Ch. Ap. 451'; 43 LJ (p... | |
| William Henry Michael - Gas manufacture and works - 1877 - 936 pages
...v. Gilmour, 12 Moore, PCC 131, 156, in the course of his judgment, observed : ' ' By the general law applicable to running streams, every riparian proprietor...of the water flowing- past his land ; for instance, the reasonable use of the water for his domestic purposes and for his cattle, and this without regard... | |
| The Court of Session, Court Of Judiciary And Houde of Lords - 1877 - 1418 pages
...and the English kiv. By the general law applicable to running streams every riparian proprietor hi a right to what may be called the ordinary use of the water riovruig past his land — for instance, to the reasonable use of the water for liis domestic purposes... | |
| Herbert Chilion Jones - Limitation of actions - 1878 - 368 pages
...Kingsdown made a distinction between the ordinary and the extraordinary use of water. " By the general law applicable to running streams, every riparian proprietor...regard to the effect which such use may have in case of a deficiency upon proprietors lower down the stream. But further, he has the right to the use of it... | |
| William Wait - Actions and defenses - 1879 - 1002 pages
...Ad. 1 ; SC, 2 Nev. & M. 747. He has a right to the reasonable use of the water flowing past his land, for his domestic purposes, and for his cattle, and...to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream. He also has the right to the use of the water... | |
| William Pugsley - 1879 - 814 pages
...nowhere more clearly stated, than by Lord Kingsdown in Miner v. OUmour* he says: " By the general law applicable to running streams, every riparian proprietor...a right to what may be called the ordinary use of water flowing past his land, for instance, to the reasonable use of the water for domestic purposes... | |
| Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1881 - 764 pages
...S. 0., 14 Moak, 86. In Miner v. Gilmour, 12 Moore, PC 0., 156, Lord KINGSDOWN stated the law thus: "Every riparian proprietor has a right to what may...ordinary use of the water flowing past his land." He also has the "right to the use of it for any purpose, . . . provided that he does not thereby interfere... | |
| 1881 - 328 pages
...Kingsdown expressed it in Miner v. Gilmires, " every riparian owner has a right to what may be called an ordinary use of the water flowing past his land — for instance, to a reasonable use of the water for his domestic purposes and for his cattle — and this •without... | |
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