p. 698, N. 1. (ad finem.) Add Norris v. Hill, 1 Mich. 202. p. 714, N. 1. That the statute of limitations on actions for damages does not extend to actions to enjoin or abate, see Cook v. Kendall, 13 Minn. 324; Thornton v. Webb, 13 Minn. 498. p. 720, N. 1. That allegations must show injuries of such rights, see Norris v. Hill, 1 Mich. 202. p. 760, 1st column of notes, after "proposition." Add, And see Trustees v. Tuttle, 30 Ohio St. 62; Venard v. Cross, 8 Kansas, 248. p. 763, 1st column of notes, 4th line from bottom. With Bryan v. Burnett, see Dixon v. Eaton, 68 Maine, 542. p. 770, N. 2. (ad finem.) So for injuries caused by dams erected to create artificial floods and float logs to market, the remedy is in case. Dubois v. Glaub, 52 Penn. St. 238. p. 771, N. 3. (ad finem.) So the remedy under the Act does not extend to trespasses. Henley v. Wilson, 77 N. C. 216. p. 772, N. 2. (ad finem.) See Tiarney v. Smith, 86 Ill. 391. A reservation in the Act of power of abatement does not exclude equitable jurisdiction therefor. State v. Bell, 5 Porter, 365. p. 775, N. 1. Add Hooker v. Greene, 50 Wis. 271. But an amendment to the general Act amends such special Act. Id. p. 784, N. 2. An assessment may be had by certiorari, if omitted from the proceedings. Phillips v. Commissioners, 122 Mass. 258. p. 794, N. 2. (ad finem.) So on petition to abate water, there is no right to jury trial. But the court may take advisory verdict or report. Cocheco v. Strafford, 51 N. H. 455. p. 385, 9th line. Omit "and Wisconsin." INDEX. The references are to the sections. ABANDONMENT. See APPROPRIATION; LICENSE. of rights in artificial watercourses, 213, 238, 239. of water, by discharge into natural stream, 238, 375. burden of proof to establish, 239. of mill, owner liable at law to those injured by maintaining dam, 584. ABATEMENT, of public nuisance, 121, 128, 364, 365. damages to compel, 210, note, 415, note. by private persons, when, 363–365. does not preclude recovery of damages for prior injuries, 128, note, 364. is justifiable only against wrong-doer, 364. must be made in least injurious manner, 364, 365. and without breach of the peace, 128, 363. materials of the structure abated cannot be wantonly destroyed or may be made, although greater injury is done than the removal of right to enter upon another's land for the purpose of clearing a threatened, may be restrained by injunction, 128, note, 549. ACCESS, private right of, defined, 123, 124, 128, 148-154. no public right of, to and from navigable waters, over private lands, compensation for cutting off, to navigable waters, 122, 149-154. private suit at law or in equity to protect, 123-128, 547. relates to front of lot, not sides of dock, 153, 154. right of, not lost by accretions, 155. ACCRETIONS, what are, 155-159. includes seaweed washed ashore, 25, 155. upon tide waters, 155–158. upon fresh navigable waters, 76, 77, 85, 155–159. title to, 155-158. effect of gradual and sudden changes in river channel upon bounda ries, private and national, 159. how apportioned between different proprietors, 162–165. title to, under grants, 200, 304 a. ACQUIESCENCE, what precludes an action, 212. granting an injunction, 527, 530-533, 554. effect of, in equity, 213, note, 323. to change of river-bed, 159. silence, when it amounts to, 146, 245, note. in loss of, 348–351. on the part of the public, effect of, 533. ACT OF GOD, when a defence for injury to another's land, 232 and note, 248, ACTION. See CASE, ACTION UPON THE; DAMAGES; EQUITY; private, when maintainable against public nuisance, 121–128. by those entitled to tolls, 126. for unlawful flowage, 210-212, 371, 372, 386. when successive actions lie, 210. not maintainable for backing upon dam wrongfully erected in part for diversion, 213–217, 374. for obstruction, 218, 373. for pollution, 219–223, 375. what injury necessary to support, 208, 214, 401-410, 420. survival of, 400. in cases of joint and several torts, 621, note. ADMIRALTY. See COLONIES; NAVIGATION. over the shore, 4. in rivers and lakes, 4, 66, 67. effect of cession of jurisdiction over, to Congress by the States, 33. what this includes, 33. decisions in, as to property in fresh navigable waters, 66. AD QUOD DAMNUM, writ of, when used, 21 and note, 43, 609, note, 616. ADRIFT, when property is, 25, note. ALABAMA, law as to rivers, 74. Mill Act of, 611, 614. ADVERSE POSSESSION. See PRESCRIPTION. ALLUVION. See ACCRETIONS. AMENDMENT, action brought, cannot be changed by, into proceeding under Mill products of the sea belong to the first occupant, 1. seaweed, when capable of, 25. territorial waters may be appropriated, 2, 3. of seaweed, 25. of uninhabited lands, 30. no superior right, at common law, acquired by, in watercourses, 226, the rule in Massachusetts, 227. in the Pacific States and Territories, prior occupation gives prior right, 228-240. rights of the first appropriator, 228–231, 233. when protected by injunction, 543. rights of subsequent locators, 231, 565. how the appropriation is perfected, 235, 236. what notice necessary, 235, 236. this priority not dependent upon title to the soil, 230. liability for injuries from artificial ditches, 232, 233. purpose of, how far material, 233. right thus acquired, how sold and transferred, 234. change of use, 237. rights of riparian proprietors, 240. abandonment, what amounts to, and effect of, 234, 238, 239. rights of the United States, 240. rights of way under the Act of Congress of July 26, 1866, 240. |