 | New Jersey. Supreme Court - Law reports, digests, etc - 1829 - 492 pages
...the whole fall, or one third of it ; for the owner of the whole, must be such of all the parts. ' ' Every proprietor who claims a right either to throw the water back above, or to diminish the quantity of water which is to descend below, must in order to maintain his claim, either... | |
 | James Kent - 1826-1830 - 1828 - 432 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 a Matts... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1878 - 738 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. The owner must... | |
 | James Stewart - Conveyancing - 1831 - 754 pages
...Bensted, I Camp. (6) Pree. Cha. 530. 468. prejudice of any other proprietor. Without the consent of the other proprietors, who may be affected by his operations,...the proprietors above. Every proprietor who claims to be entitled to throw the water back above, or to diminish the quantity of water which is to descend... | |
 | James Kent - Law - 1832 - 536 pages
...channel when it leaves his estate. Without the consent of (he adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise descend to the proprietors below, nor thTow the water back upon the proprietors above, without a grant, or an uninterrupted enjoyment of... | |
 | Joseph Chitty - Civil procedure - 1833 - 1020 pages
...have the right to use the water to th« prejudice of any other proprietor. Without the consent of the other proprietors, who may be affected by his operations,...right either to throw the water back above, or to diminish the quantity of water which is to descend below, must, in order to maintain his claim, either... | |
 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1833 - 1072 pages
...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 his operations,...right either to throw the water back above, or to diminish the quantity of water which is to descend below, must, in order to maintain his claim, either... | |
 | Encyclopedias and dictionaries - 1843 - 854 pages
...consequently no one can have the right to use the water to the 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... | |
 | William Selwyn - Nisi prius - 1838 - 838 pages
...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 his operations, no proprietor can either dimmish the quantity of water which would otherwise descend to the proprietors below, nor throw the... | |
 | Solomon Atkinson - Conveyancing - 1839 - 708 pages
...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 his operations....descend to the proprietors below, nor throw the water hack on the proprietors above. Every proprietor who claims a right either to throw the water back,... | |
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Every proprietor has an equal right to use the water 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 of the other proprietors who may be affected... 
