A Treatise on the Law of Waters; Including Riparian Rights, and Public and Private Rights in Waters Tidal and Inland

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. 1883 edition. Excerpt: ...not belonging to the canal company, the company is indictable for maintaining a nuisance.2 The rule of liability for endangering the public health applies only to artificial waters; and the owner of swampy or overflowed lands is not guilty of a public nuisance if he neglects to drain them.3 In New Jersey, the right of the legislature to order low lands to be drained at the expense of the owner is upheld, but this depends upon ancient custom and not upon the ordinary powers of legislation.4 213. A riparian proprietor may divert the water from the stream, as it passes through his own land, without license from the proprietors above him, if he does not obstruct the water from flowing as freely as it was wont, and without license from the lower proprietors if he restores the water to its natural channel before it enters their land and does not materially diminish its flow.6 The distinction is to be Racine, 4 Wis. 494; Stoughton r. era Railway Co., 10 Ch. D. 707; State, 5 Wis. 291; Harris v. Thomp-Garwood v. New York Central Railson, 9 Barb. 350; Williams v. New road Co., 83 N. Y. 400; 17 Hun, 356; York Central Railroad Co., 18 Barb. Pettibone v. Smith, 37 Mich. 579; 222; People v. Law, 34 Barb. 514. Dilling v. Murray, 6 Ind. 324; Norton 1 Miller v. Craig, 11 N. J. Eq. 175; v. Volentine, 14 Vt. 239; Ford v. Rogersv. Barker, 31 Barb. 447; The Whitlock, 27 Vt. 265; Canfield v. Wharf Case, 3 Bland Ch. 442. Andrew, 54 Vt. 1; Society p. Morris 2 Delaware Canal Co. v. Common-Canal Co., Sax. (N. J.) 157; Webster wealth, 60 Penn. St. 367. v. Fleming, 2 Humph. 518; Hough Woodruff v. Fisher, 17 Barb. 224. p. Doylestown, 4 Brewst. (Pa.) 333; In re Drainage along Pcquest Shamleffer r. Council Grove Peerless River, 41 N. J. L. 175; 39 Id. 197, Co., ...