This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...to which (or in respect of which) two rights of water were claimed, ---the one in a clear watercourse, and the other in a foul watercourse, both watercourses being (more or less) artificial. The clear watercourse was in part supplied by natural streams, and in part by mine-water, --and as regards that, ...
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...to which (or in respect of which) two rights of water were claimed, ---the one in a clear watercourse, and the other in a foul watercourse, both watercourses being (more or less) artificial. The clear watercourse was in part supplied by natural streams, and in part by mine-water, --and as regards that, the court said the clay-works were (by long use) entitled to the use of the water so far as supplied by the natural streams, but not so far as regarded the mine-water. The foul watercourse, on the other hand, was supplied with water which all came from a brook, between which and the clay-works the owner of the clay-works had (by permission) cut a channel or course for the water, ----and as regards that, the court said that the jury had rightly found the enjoyment to have been precarious and not as of 'rz'_qht, --so that no right to this latter water had been acquired at all. According to Arkwright v. Gell (f ), where water issues out of a mine, --by means of a sough (or channel) for the unwatering of a mine or in consequence of pumping operations within the mine, --and the water is of such abundance and continuance as to create an artificial watercourse, available for supplying motive power to (e.g.) a cotton-mill, the enjoyment of the water for the purposes of the cotton-mill is not as of right CHM" XIIso far as regards (or as against) the owners of the mine; and R; .; 0, they are not bound to continue to supply the water, but are at WATER liberty (by the construction, e.g., of another sough at a lower level) to discontinue the supply of water to the original sough, ----tinguisihed = it being unreasonable to require them to maintain the minewater at its former level in the mine; and therefore neither by the common law, nor by the...
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